Legal Question in Family Law in Texas
My ex husband is the managing conservator of my 16 year old son. They fight horribley and my son wants to come live with me. I do not want a horrible custody battle with mudslinging and name calling.But I want what is best for my child and he refuses to go back to his dad. We have a temporary verbal agreement for my son to stay with me for 2 weeks. That two weeks is almost up and he is upset about going back. I have an appointment with a lawyer in the next day to two. How hard will it be to change the custody if it is what the child wants?
1 Answer from Attorneys
To get a change in conservatorship, which is what your child wants, you have to prove two things:
FIRST, you have to prove ONE of the following:
A. There has been a material and substantial change in circumstances involving you, the father, or the child; OR
B. The child has told the judge he wants to come live with you; OR
C. The father has voluntarily relinquished actual care, custody, and control of the child for 6 months or longer (not including military deployment).
SECOND, you have to prove that the requested modification is in the best interest of the child.
If you file a Petition to Modify the Parent-Child Relationship, you will allege items A and B above, you will file a motion for your child to confer with the judge in chambers, and you will have to be able to convince the judge that doing what the child wants, in this case, is in the child's best interest. It's going to cost you some legal fees, but I don't see why it has to turn into a mudfight.
Good luck!!
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