Legal Question in Family Law in Texas

Child custody and relocation
My wife's is currently in a custody battle with her ex-boyfirend over thier nine year old son. They were never married and she had exclusive rights to determine his residence without regard to geographical location. We moved to Germany(military) in 2006 and he has been causing trouble ever since. My wife agrred to let him stay with his father for one semester last year and now his father wants custody. He is an attorney that only paid $300.00 in CS. He has never been actively involved with his son's educational development or activities. He has never lived in the same town as his son and only saw him every 30-40 days or so. He has missed CS payments and visitations. My step-son is currently doing well in school and our lawyer tells us that is his strongest point. Would a judge or jury ignore 9 years of parental guidance/love and choose to place a child with a father who just decided that he wanted to be one within the last five months. We will return to the states in 1 year....

Asked on 12/07/07, 5:57 am

Fran Brochstein Attorney & Mediator

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Re: Child custody and relocation

You obviously did not talk to a family law attorney before sending the kid to his father.

It sounds like your wife voluntarily sent the kid to his father.

Now, the courts won't want to move him away from his school and family.

Have you talked to your attorney about requesting an amicus attorney to represent the child's desires.

It sounds like your attorney understands how the Judge feels in these cases.

Answered on 12/07/07, 5:30 pm

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