Legal Question in Family Law in Texas
Custody Battle
over the last 6 months I have tried to get my husband to leave, because I didn't want to be married to him any more. We have a 2 yr old little girl. He told me on many occassions that he would leave if I would give her to him, which there is no way that I would ever think of doing that. I stopped wearing my wedding rings over 3 months ago, to once again show him that I was serious..he still wouldn't leave. I didn't want it to be a fight. Last month I started seeing someone from work. after a while I thought maybe if I told him that he would leave..wrong again. I finally went and talked with a lawyer last Tuesday to file for divorce. Before he could be served with the papers, I was served. He has taken our little girl away and won't let me see or talk to her at all. Even on her birthday which was Friday. Someone told him that if he files first that he will get custody. Is this the case in Texas? I have never put my daughter in harms way. I have always done everything at the house for her, bathed her, took her to daycare, picked her up from daycare, cooked, washed clothes...everything, he has never done any of that, but now wants to take her from me. Do I have any hope?
1 Answer from Attorneys
Re: Custody Battle
No just because he filed first does not mean he will gain custody of her. Yes there is hope. The court will generally award custody to the person that has been the primary caretaker for the child's life. Gender of the parent is not supposed to be considered in awarding custody. In my county I have found that if the child is very young (under 3) and a girl, the courts tend to favor mothers who have been the primary caretaker. Unless....there is a good reason not to award custody to the mother. Something such as drug abuse or alcohol abuse. It was not a good idea to start seeing someone from work. Especially if that relationship took time away from you and your daughter. If you were my client I would recommend that you cut off the relationship, start a parenting class for divorcing parents and read "Ten Stupid Things Women Do to Mess Up There Lives", by Dr. Laura Schlessinger. When I have had cases similar to yours in the past I have recommended this course of action for my clients and have been successful.
Good luck.
Betsy F. Lambeth
309 West Main Street
Suite 112
Round Rock, Williamson County, Texas 78664
512-255-7191
email: [email protected]
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