Legal Question in Family Law in Texas

Husband has questionable past, wants divorce and custody of our 2 year old

I have no problems except for the fact that I am lazy. I do not do nor sell drugs, I am not an alcoholic, I have no criminal history. His past includes a criminal history of sexually abusing his then 8 year old daughter and 3 year old daughter, plus a couple of his nieces. That was around 88-89, and he served prison time for that but was released due to good behavior. He is also HIV+ and a Multiple Personality. He says he can get custody of our 2 year old daughter despite his past, because I am a lazy housewife. Ok, perhaps I dont keep my house as pristine as it should be, but there are no roaches, or bugs, no mold or anything of that sort. I love my daughter so much. There is no way I want him to have custoday of her if we do get divorced. I feed her, clothe her, keep her clean, play with her, read to her, and love her as much as humanly possible. If I discipline her by lightly slapping her hand or her bottom and telling her ''NO'', he says I am beating her. He tells her stuff like ''Mommy is mean'' or ''Mommy doesn't care about us.'' That hurts me deeply because I care so much for them both, maybe her a little more. She is my daughter, after all. Can he get custody of her at all? Thank you for your time


Asked on 5/22/03, 7:09 am

2 Answers from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Husband has questionable past, wants divorce and custody of our 2 year old

If he has been to prison for sexual child abuse of a female and then seeks custody of a female child, it would be hard for a court to award him custody if you fought for custody. Of course, he may be telling you anything so that he can have free reign over his next potential victim.

http://www.reasonable-doubt.com

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Answered on 5/22/03, 10:39 am
Jean Sudduth Jean Sudduth, Attorney at law

Re: Husband has questionable past, wants divorce and custody of our 2 year old

I have to believe this question is a joke. How many women really go for men who are drug using HIV+ convicted child abusers? despite the fact I believe this is a joke I will answer. I do not believe that any judge in the State of Texas would award custody to the person described. The next unasked question- would any judge award custody to a person as stupid and lazy as you are? I hope that the judge in the case sends the child to foster care and I hope that you get counseling. At least I hope that is the case if this question is real. I know that people can be misinformed or playing with less than a full deck so to say, but this is a bit beyond any expectation.

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Answered on 5/24/03, 2:17 am


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