Legal Question in Family Law in Texas

Hi,

I was wondering. My parents are joint managing conservators of my 3 year old son and I and his father are possessory conservators. My parents were joint managing conservators while I was finishing college so my son would have insurance since I did not qualify for medicaid. Anyways, I am done with school and about to move out in the next 3-6 months and plan on talking to our lawyer again and getting "custody" back. It will be no problem on my parents end but my son's biological father is a different story. I want to make the same agreement that we have had before basically. He doesn't have set visitation because he is basically inactive. He sees him on holidays and maybe once a month and not because I keep him from him. My fear is that his parents and his step parents who have recently tried to take a somewhat active part in my son's life, will try to convince my son's father to get joint custody. My son's father is very unstable (no job, no permanent residence, barely making it through school, does drugs, drinks alcohol, multiple arrests, including family assault). My son's father's mother and stepfather are much more stable but they still allow bad things to go on in their house. Their house is where many of the assaults have taken place and the drugs and alcohol. My son's father's dad and stepmom and stable financially but his step mom abused him and his brother for about 10 years. He is now trying to make amends and is living with them. I feel that my child is not safe over there and he has only seen his step grandmom twice in his over 3 years of life. I want to get full custody and have visitation on my terms like it has always been and when his father does get him I want it supervised so he can not take my son to see his step grandmom who could potentially abuse him. Does this seem possible?


Asked on 1/02/11, 8:58 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You must go to court and ask a judge to modify the current court orders. You must prove why changing the current court orders are in your child's best interests.

I highly recommend that you talk to an experienced family law attorney in your county.

If your parents agree with the modification, it will be a simple legal change. If they don't agree, then it will be difficult to do. The burden will be on YOU as to why the change will be in your child's best interests.

Your fears are realistic. Once you "open the door" to a modification, he can ask for anything. Will he get it? It's up to the judge.

You need to sit down with an attorney in your area that knows the judge in your county.

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Answered on 1/08/11, 10:05 am


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