Legal Question in Family Law in Texas

A child with asthma is exposed to second hand smoke and is having escalating heath problem. What does the other parent have to prove or do to win custody?


Asked on 2/09/11, 4:26 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Two issues:

(1) How do you protect the health of the child? File a motion to modify the parent child relationship and ask the court to order that there be no smoking within the presence or airspace of the child. That might help.

(2) How do you win "custody?" I'm not sure what your current conservatorship and possession & access provisions are now. Please repost your question with more details as to what orders are currently in place regarding your child.

I'm sorry your child is having to suffer this pulmonary distress. Good luck!

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Answered on 2/10/11, 5:48 pm


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