Legal Question in Family Law in Texas

My ex-wife has decided to home school my son, who is six years old. I don't really have a problem with that, my real concern is my ex-wife's negligent history. My son and his older step brother have been expelled before from one school due to delinquent payments. The school also took issue with my ex-wife's refusal to cut the oldest boys hair and has followed the same pattern for my son. The school they attended last year, told me they were no longer enrolled there. In addition, she has on several occassions denied me visitation by either scheduling things on my weekends or leaving town. I have documented proof via email of her denied visitation. I'm not interested in an enforcement order, I want my son. Is there any chance of getting custody based upon this?


Asked on 3/03/14, 12:57 pm

1 Answer from Attorneys
TC Langford Langford Law Office

In order to change conservatorship, you need evidence to support a material/significant change of circumstances. What I am reading is that your son and his brother have longish hair. The school issue may or may not be a sufficient issue, however, you have publicly stated that you are agreeable to home schooling. You can privately discuss the matter with your attorney, but based solely on the above statements, it does not appear to rise to the level of changing primary conservator.

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Answered on 3/04/14, 4:13 am


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