Legal Question in Family Law in Texas
Child custody
My ex and I have Joint conservatorship of our two children. I have primary custody. He now wants primary custody. I live in a 3 bedroom home with my boyfriend and his brother. The children, opposite gender, share a room. I am attending college full time while my boyfriend and his brother cover the bills. My ex claims he doesn't make much money and has not paid child support in 5 years. However he lives in a brand new 4 bedroom home with his girlfriend and claims the home is in her name. He says that I put my needs before theirs because I pulled them out of public school to homeschool them when they were not put in the Gifted and Talented classes even though they passed the tests for it. He also says because I'm in school full time and not working that I'm not taking proper care of them. I do have them on foodstamps and Medicaid since he claims he can't afford to provide medical insurance. He rarely takes his visitations and has not had his one month of the summer visit in four years. Can he really take the kids from me based on these things?
1 Answer from Attorneys
Re: Child custody
I don't know that he would be successful, but he could file for a modification. It would be an uphill battle for him, but you would still have to respond vigorously, or risk losing them. Since you are foodstamps, you could qualify for free legal assistance. Contact the State Bar for referrals in your area.
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