Legal Question in Family Law in Texas

a father wanting full or joint custody of his child

im wanting to know what a father has to do in order to get full or joint custody of his child? the mother has mental health issues and is not in the best of mind frames to raise the child. the father is trying with all his might to gain full custody but the mother wont give up with out a fight. she just took him to court, they said that they were not the type of court that dealt with giving or takeing away custody. do note that since the child has been born he has been willinly paying her 200 a month in child support, with out the courts telling him to (he has recipts) how much of a chance does he have of getting full or joint custody? and what actions should he take? and would it be adviseable for him to get an attorney?


Asked on 5/26/06, 11:36 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: a father wanting full or joint custody of his child

Be aware that a custody fight is a complicated and difficult proceeding. It is often time-consuming and lengthy.

It would be difficult to imagine being successful in such a fight, without the services of an attorney.

The father has to establish that it is not in the child's best interest to remain with the mom. This is going to be an uphill battle, since it means uprooting the child, and changing the status quo.

The dad has to document to the court the mother's problems, as well as document the better conditions with dad. This will involve a social study, psych evaluations and witness testimony.

Although, many attorneys will work out a payment arrangement with you, it will still require a retainer.

If you wish to proceed further, feel free to email me directly.

Good luck.

TCL

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Answered on 5/26/06, 11:59 am


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