Legal Question in Family Law in Texas
Divorced in Texas; shared custody but wife allowed to take 3-yr-old son to California; I moved to California but couldn't find enough work and now I'm back in Texas and working; my son is 10; my ex-wife plays hardball and limits my visitation and communication; my son wants to be with me; can I get custody?
1 Answer from Attorneys
Your child's preferences alone would not be enough to change the custody, especially for a child that young. The court will look at what is in the best interests of the child. There needs to be a good reason related to your son's well-being to justify such a change. If the mother is preventing you from having access to your child based upon your rights under the existing court order then you may have some remedies available to enforce your existing rights.