Legal Question in Family Law in Texas

Is child custody document void after marriage?

I'm writing for my daughter. Her then boyfriend told her that she wouldn't see her son until she signed a paper that turned out to give him sole custody. He told her it was for joint custody. She's legally blind, and he wouldn't let her take the paper for someone else to read for her. Because she wanted her son back, she went ahead and agreed to sign the paper. He later tricked her into marrying him, now two years later she wants a divorce. He apparently went to court over this, but she was never served and failed to appear. They now live out of state, and she wants to know if this paper was voided when they married. He told her it was, until she wanted the divorce, now he says it isn't. Is it void now?


Asked on 1/31/02, 4:31 pm

1 Answer from Attorneys
Darren Schraeder Schraeder Law Office

Re: Is child custody document void after marriage?

No the document is not binding. Not now (stale) and not when it was signed (fraud). Even if she read and understood the document giving sole custody to the boyfriend, now two years later it is hard to argue that it is binding. The agreements made between parents may give some perspective about their desires as to their child, but it is not conclusive. The test at court is what is in the best interest of the child. If she has been the primary caretaker of the child, she has a good chance at custody. I would be delighted to discuss this matter with you further. Please call me at (972) 481-7990 if the case is in the North Texas area.

Darren

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Answered on 1/31/02, 9:25 pm


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