Legal Question in Family Law in Texas

child custody

i have been divorced(TX) for around three years now and only have visitation rights with my son.i am in the u.s. military and am stationed abroad.when our divorce was being finalized i tried to seek legal advice from a lawyer on the base where i was stationed at the time.i was told that getting custody of my son would be nearly impossible unless i could prove my ex wife was an unfit parent.she is not an unfit parent.i was told that my status in the military and as a single male that my chances were pretty much nonexistent.my visitation rights are extremely hard to use since i am stationed in abroad and i was going to approach this issue with my ex when i got back to the states for a visit this summer.my son is almost 5 years old and barely knows me.i have found out in the last couple of weeks that the person my ex is with now routinely throws her around the house, into walls, etc.i don't think he has ever laid hands on my son though.the lawyers on base are only allowed to give legal advice, and not much else.i was wondering what i needed to do to try and get custody of my son and take him out of this situation before the violence escalates.i don't want to think about what i would do if he starting doing this to my son.please help.


Asked on 5/05/07, 5:04 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: child custody

Any change of custody has to be "in the best interest of the child". You would have to show the court that what you could do for him would be better than where he is. You have to have evidence and testimony from witnesses and maybe experts like child psychologists to prove that you son is harmed by his environment. This is difficult and can be quite expensive - easily $10,000 maybe much more.

As far as visitatio, you could obtain a lwwyer to see if you could modify the order for an extended period of visitation while your back in TX. Since he doesn't know you that is also not going to be cut and dried. You will need a creative plan to get to know him and to have a relationship. Good Luck

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Answered on 5/05/07, 5:19 am
Johm Smith tom's

Re: child custody

Mr. Grissom has given you a very good response. Also talk to your ex about her and your child getting into a safer environment.

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Answered on 5/05/07, 2:38 pm


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