Legal Question in Family Law in Texas

Children request 50/50 custody

I have 2 children who want to live with each parent equally. My girls are 13 and 16. Currently their dad and stepmom have custody of them. I was told there is a form the girls can fill out which requests the court to allow them to choose with whom they wish to reside. Things I have read are for request to change custody from one parent to another. Their dad and stepmom will not willing let them either live with nor share (50/50), they and I have asked 4 different times in 4 years. Each time there was a reason as to why (too much change for the girls, I wasn't in the same school district for both girls, etc) I just moved into a house on the same street but on opposite ends of the main street dividing us. I've done everything I can to make this a easy as possible with as little as possible stress for the girls, but still their dad says no. What is the best course of action which will not cause the girls to have to choose between one parent for the other? Can the girls have final decision or do the parents have to agree?

Thank you for the assistance,

T Lynn


Asked on 6/22/06, 4:37 pm

3 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Children request 50/50 custody

Since the father will not agree to your proposed change and the girls wishes, you will likely have to file a motion to modify at which time the girls can express their wishes to the judge.

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Answered on 6/22/06, 5:08 pm
Eliseo Rico III The Law Office of Rico & Associates

Re: Children request 50/50 custody

Without the parents being in agreement a judge will have to decide the issue. While the girls election may be taken into consideration, it is not the controlling factor in determining custody. Filing a Motion to Modify is your first step in addressing the problem. Good luck.

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Answered on 6/22/06, 5:26 pm
Fran Brochstein Attorney & Mediator

Re: Children request 50/50 custody

There is a form stating what they want to with one parent but it's not binding on the judge.

If you need a free phone consultation, call me at 713.847.6000.

www.familylaw4u.com

Fran Brochstein

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Answered on 6/23/06, 4:15 pm


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