Legal Question in Family Law in Texas

daughter living with me

I may not be asking the question right. My daughter and son will be moving in with me. they will have their own bedrooms. She is getting a divorce, and wants to go to school, so she is going to move in to save money. Is there anyway someone can claim we are sleeping together or whatever to try and get custody of her son ? and what kind of proof would they need to prove it. Would a judge go by word of mouth ? i dont want to take a chance of her losing her son to her ex's just because she moved in with me. thanks for the help


Asked on 4/12/09, 7:45 pm

2 Answers from Attorneys

Edgardo Baez The Baez Law Firm, P.C.

Re: daughter living with me

Why would any one claim such thing? How old is your daughter?

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Answered on 4/13/09, 7:04 am
Fran Brochstein Attorney & Mediator

Re: daughter living with me

If you are a registered sex offender, most courts will remove the child from the home.

If you are doing drugs in the home, again the courts will remove the kid.

People lie under oath all the time.

Also, he can hire a p.i. to follow you. Therefore, I recommend that you live like you are being photographed. Just don't do anything stupid or illegal.

The court will look at what is in the "best interests" of the child. That term is not definted in Texas. Each Judge is different. You need to hire an experienced attorney to walk you through the process.

I highly recommend Patricia Bushman who is also on this website. Tell her that FRAN sent you!

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Answered on 4/12/09, 7:50 pm


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