Legal Question in Family Law in Texas
When can I have my children
My ex-husband has custody of my 3 boys,I used to get them every other weekend and summer until last July the ex moved to Louisiana,without my knowledge.I found out by calling his work they said he had tranfered.Now my question is how do I go about modifieing custody my oldest just turned 12 and he and his brothers want to live with me.Please help us this is a very mean man,he will do what he can to keep things his way,with no regard to his childrens welfare.
1 Answer from Attorneys
Re: When can I have my children
You would have to file a motion to modify the previous order. You didn't say whether or not there was a restriction on the movement of the children in the divorce decree or the ages of the other boys.
He most likely will fight the modification and a filing in Texas since he has been out of state for almost a year now. He could argue that the children have a new home state and any action should be brought there.
A lot depends on what your divorce decree states, if there are any verifiable reasons that a modification would be in the best interests of the children, etc. The court can take into account your one boy's desires to live with you, but it is not binding on the court.
Any modification where the two parties contest the merits is a major legal battle. Everything will be based on the best interests of the children.
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