Legal Question in Family Law in Texas
need to know
My ex-wife Lisa currently has custody of our 3 kids because her parents hired her a high priced lawyer who was willing to fight for her; whereas my lawyer wouldn't do anything but let Lisa and her lawyer run all over me no matter what proof I gave him that Lisa was not fit to be a parent!
Lisa is mentally unstable; does not cook or clean; has had the police at her house almost once a week for the last 5 or 6 months because someone is messing with her house and her vehicles; she has a new boyfriend who is on parol and a felon; CPS was at her house less than a week ago; she's a shop-a-holic with a nasty temper and disposition; the house she owns and is living in is falling down; she refuses to let the kids play outside~ in fact they are only allowed to play in their rooms; and the kids tell me EVERY TIME they come to my house that they want to live with me and not her!
I have an excellent job; a house that was completely remodeled 2 years ago; a fiance that stays at home, cooks, & cleans; and we are both mentally stable! The kids would be better off with me than with her! Do I have a case I can win?
2 Answers from Attorneys
Re: need to know
You might very well have a winning case. What you should do is sit down with a lawyer. It will be important to document as much as you can (e.g. police reports, criminal records, etc.)
You didn't say how long ago your divorce was. You might need to take a look at Texas Family Code 156.102 which imposes certain requirements if you are asking for modification within one year of divorce.
Re: need to know
This time I suggest you hire a highly competent lawyer instead of someone who is going to be run over by her "high priced lawyer". Generally speaking (but not always), you get what you pay for when you hire an attorney. The attorney you hire this time is likely going to have to overcome some of the things done by your former lawyer. That's usually more expensive. Good Luck.