Legal Question in Family Law in Texas

My soon to be exwife and I have been split up for over a year and a half. We have two children together and I have one from a previous relationship that I have custody of (since she was 4 months old). My attorney is giving me the run around. She and I have had 50/50 agreement for the 1.5 year we have been apart. I have text messages from her stating we are in agreement. But she will not sign any papers. She always wants to change them. So I do and then she finds something else. She is in the Army reserves, works at a sports bar (at night), she leaves our kids with neighbors, lives in a 1 bedroom apartment, and our kids sleep on the floor in the livingroom. She is going to be deployed this summer, and is trying to get sole custody. I on the other hand have a steady job, they have their own beds at my house, I am going to school to be a school counselor, I am in a committed relationship, we go to church, the are in registered daycare or stay with family if needed. The kids are with me most of the time because of her work and social schedule. We are suppose to have 50/50, Sunday to Friday. She normally gets them 2-3 days per week, then they are back with me. On top of that I have had to give her money to pay her rent and electric bill and get the excuse of why she can't get or keep the kids her full time with them because the electricity is off. What chance do I have to get the 50/50 plan to stick? She is trying for sole custody.


Asked on 12/30/10, 1:30 pm

1 Answer from Attorneys
Dan Kirby Law Office of Dan Kirby

Sounds like you should be trying to get sole custody. If the judge or jury believes you are the better parent, you can win the lawsuit. However, it will be expensive. You have to be ready for the financial aspect of of a lawsuit. Talk to your attorney about this and make a decision. If you are not happy with your attorney, then get another one before you start the litigation process.

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Answered on 1/04/11, 3:02 pm


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