Legal Question in Family Law in Texas

Hello,

I'm going to be filing for a divorce in the state of Texas very soon, the laws here are a bit different, and 90% of mothers do get full custody of their children.

My 2 questions are as follow.

First : She leaves the 3 children all under the age of 10 unattended with a 90 year old dying grandmother, which to me is not a suitable baby sitter, once they are put down for bed, she leaves until 7-9 in the morning the next day, the 10 year old has missed a great deal of school becasue of this, (where am I you ask) We have been separated for 4 weeks now, and this is what I have been hearing from her family and what she has been doing, So I contacted a private investigator so i can get concrete proof of this to use in court, becasue I was told a 10 year old's testimony will not hold up...

Second : more than 10 parties in her family including her mother have been diagnosed with Pi Polar disorder, My wife denies every day she is not but refuses to get tested, would it be possible to get a court order medical screen for her to get tested, and if a result comes back that she is bi polar, can I use this to gain full custody as well..

Reason Im asking is becasue I know my wife is a great mother when she is on the wagon and I am at home, but once we are separated she fall off and starts doing things like leaving children unattended, being gone for more than 24 hours while cousins rush in to take of the kids becasue she cant be found.. and so on.

Texas is a no fault state so regardless if she is cheating on me, they don't care, I have to be able to prove she is either an unfit mother beyond a shadow of a doubt or, that she does drugs which for as long as we have been together she hasn't (maybe now though, who knows!) and now maybe a medical defense??

thank you for taking the time to answer thease questions, The file will be in Fort Bend County just out side of Houston Texas

also if you have any other advice I should take before perusing anything else please advise...

Thank you very much

Bless You

John


Asked on 12/04/10, 10:24 am

1 Answer from Attorneys
Dan Kirby Law Office of Dan Kirby

First, it sounds as if you guys are out of state. If so, you have to have 6 months residency in Texas and 90 days in Fort Bend County before filing.

The manner in which she cares for the children can always be used in your favor, but there are so many more factors involved. Just because she might be bi polar doesn't mean she can't be a good mom and raise the children. There are treatments to keep it under control. You will have to have some good evidence that you are the better parent, especially since the children are so young.

Yes, the court can look at adultery in determining a division of property. I would suggest keeping a good daily diary and record all events as they occur. This can be a big help if litigation becomes necessary down the road.

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Answered on 12/09/10, 10:51 am


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