Legal Question in Family Law in Texas
My husband and I are in the beginning stages of divorce. We have an 8 month old daughter. He is wanting to fight for 50/50 custody, where our daughter is with him one week and me another. I think it is absolutely ubsurd and our daughter deserves stability. She is far too young to be transferred back and forth. I have suggested normal/typical custody arrangements where he gets her every other weekend and 1-2 days a week. That alone equals out to nearly 12 sometimes 15 days (half of the month) but it's broken up and more stable for the baby. I make twice as much as he does, I purchased our home in full prior to the marriage, I own both vehicles, and I have full custody of my son, who is 7 from a previous marriage. My husband currently has a suspended driver's license because of 2 DUI charges years ago and he has simply failed to go through the steps to get his license back. Shows true irresponsibility. I was just wandering if a judge in their right mind would issue 50/50 custody, if I am completely capable of supporting both of my children and I am not keeping him from seeing his daughter and I have agreed to a more stable custody arrangement?
3 Answers from Attorneys
Retain a lawyer and be proactive. A judge could give him 50/50, if all the facts in your favor are not brought to her attention in an admissable fashion.
That would very unusual--50/50 arrangements just don't work well absent agreement and cooperation from both parties. Also, for exactly the reasons you list, there's a presumption with kids under 3 that a modified arrangement where the child spends most of their time with the parent who's been their primary caretaker to date is best, with short initial visits (not usually overnight for babies, especially if mom's breastfeeding) to begin with, transitioning towards a standard possession schedule by age 3. So unless he's stayed home raising the baby while you spend most of your time at work, so that the baby's more bonded to him than to you, it's unlikely that he's going to get what he wants out of this. That said, make sure that you get an attorney immediately, because anything can happen on custody cases, judges can and sometimes do seem to order things that make absolutely no sense, and once something's been ordered, it will be difficult to get fixed if it's not fair to you. Good luck.
The judge will do what the judge thinks is in the best interest of the child based on the admissible evidence and testimony submitted. It is not unusual to have good evidence that is not in admissible form. For example, if you just have a simple copy of his DWI record it is not admissible. You should definitely have an attorney to guide you through that process and vigorously advocate for you.
A good attorney will not form an opinion until he or she has heard all of the facts that both sides will produce. Your circumstances seem to be good for you, but what else is out there? Perhaps nothing. Generally, a judge will not order split possession for a baby that age. Typically, there is a progressive order that gradually moves the child to a normal schedule. Typically, though, does not mean every time and in every case.
I am board certified in family law and if I can help you, please call our office for an appointment at (817) 336-8500.
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