Legal Question in Family Law in Texas

Re: child custody

The answer is - I don't know. I don't have a crystal ball that works!

Custody is not as simple as that. I've never seen custody won or lost on one issue. You need to show a "pattern" of bad judgment.

You will need to get the video into evidence. Sometimes that is not that easy.

A witness that was there can testify.

A witness must have personal knowledge - they saw it, smelt it, tasted it, heard it, touched it, etc. They must have first-hand knowledge. They must come to court in order to be cross-examined by the other side. A notarized affidavit is NOT enough -- it won't be admitted into evidence & the Judge won't be able to even consider it.

In Texas it is presumed that custody will be joint custody by both parents. You will have to overcome that hurdle.

What is the worst thing that she can say about you?

You might also ask that she be drug-tested.

I highly recommend that you retain the services of an experienced family law attorney in your county. It appears that you live in Harris County. There are many excellent family law attorneys on this site.

Best of luck!

Happy Holidays!

Re: child custody

The evidence you have may well be a good springboard to getting custody of the child. However, these issues are very complex and you have not provided any specific facts beyond the video you reference. I would be glad to discuss the matter in detail with you. I am a board certified specialist in the field of family law, practicing in the general Houston area. Please contact me directly if you care to discuss the issues of your case more fully.