Legal Question in Family Law in Texas

I need help with child custody

My ex husband and I are disagreeing on the rights of our child. He legally has custody by default, I belived him and he lied, but I want joint custody. Every other week. He is getting remarried and she wants me to give up my rights. That will never happen. Please tell me what my options are as far as getting custdy.


Asked on 7/30/06, 8:40 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: I need help with child custody

First, it is very difficult to terminate a person's parental rights. If a parent pays child support and visits the child, it is almost impossible to terminate a person's parental rights. If the child knows the person to be a parent, again it makes it very difficult to terminate a person's parental rights.

Second, if you want Joint Custody you need to file for a modification.

However, joint custody won't get you every other week for visits with the child.

The visitation would be determined by many factors such as:

1. how far apart the parents live

2. age of the child

3. how well the parents work together (in your particular case -- I assume Not very well!)

4. sex of the child

5. the child's needs

that's just a few things the court would consider.

If you get a standard possession order, and you pick the child up from school on Friday and return the child on Monday to school plus take overnight visits on Thursday nights, every other spring break, part of each Christmas, every other Thanksgiving, 30 days in the summer then you are going to have the child approx. 47% of the time.

You need a certified copy of your final decree of divorce and have an attorney review it.

The burden is on you as why the court should modify the current decree.

If your case is in Ft. Bend or Harris County, you can call me for a free price quote. 713.847.6000. www.familylaw4u.com

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Answered on 7/30/06, 11:17 pm


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