Legal Question in Family Law in Texas

Custody battle-now or later

I am currently in the process of divorce.I would like to file for managerial custody and believe there is a good chance.My attorney feels it would be better to wait a year and then try.He feels itis almost impossible for a father to obtain custody.One of the biggest factors against me is that I left the home and filed and the child has been with her mother since June 99.I have also been unable to obtain my own residence (staying with mom) because she has tied up most of my finances.She suffers from mentalillness and is trying to convince child Im the bad guy


Asked on 3/10/00, 2:27 pm

1 Answer from Attorneys
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Custody battle-now or later

I am not one to second guess your attorney because he/she

obviously knows your case much better. I am not sure why

waiting would help, but maybe it is because your attorney

does not like your chances now (I don't know, just a thought).

One idea would be to request a social study, but that can be

time consuming, more expensive, and hurts you if you lose (but it is

cheaper than a full trial and can get an opinion of what a court is

likely to do). Of course, filing for primary managing conservator will likely also be very expensive (I

assume you already know this) and it can be throwing away money if

the odds are not good.

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Answered on 3/22/00, 10:51 pm


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