Legal Question in Family Law in Texas

Little Girl Just Waiting

My husband and I have joint custody of our 10-year old daughter. She lives with him and has lived with him since she was four. My ex is from a wealthy family and left me with nothing, so I had to settle for what I could get. I told him he could take everything, just give me my daughter. He got wind that I was going to leave him, so he moved first, took everything, AND her.

My lawyer told us (my daughter and I) that we would have to wait until she was 13 for the court to listen to her (she wants to come live with me). Is this accurate information? Will I be the one to take him to court or will she have to?

I have remarried and had a son. My daughter wants so badly to be a part of our family and not just an occassional visitor. It's heartbreaking.


Asked on 8/24/03, 2:32 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Little Girl Just Waiting

The answer to your question is not simple.

I will attempt to give you some broad answers. You really need to have a private consultation with an attorney to discuss the details in your case. You need a certified copy of your final decree of divorce (or whatever the last document was in this case.)

1. In Texas the child can request where they want to live after they turn 12. It is not binding on the Judge. If your ex-husband, does not agree, there will be litigation to resolve this matter.

2. If your child is in a bad situation (this is one reason why you need to talk to an attorney) then you can request for a change in custody at any time.

I hope this helps.

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 8/25/03, 7:14 pm


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