Legal Question in Family Law in Texas
Joint Custody to Full Custody
My divorce was final on 12/27/02. We have ''joint custody'' of our children however they live with him. I want to get full custody of my children. How can I get this done quickly?
1 Answer from Attorneys
Re: Joint Custody to Full Custody
You have an uphill road. If you want to change the primary residence of the child within the first year, you must show that the present environment endangers the child's physical health or significantly impairs the child's emotional development. That is a rough road to travel unless there has been some abuse or other significant problem. After one year, to modify "custody" you need to be able to show a material and substantial change in circumstances since the last order was entered. What has happened since then?
In the original divorce, the two of you were on an almost even scale. Now the burden will be on you to overcome the presumption that the original order is still appropriate.
Be careful. The family code specifically provides that if a suit for modification is filed frivously, the court "shall tax attorney's fees as costs against the offending party".
You need an attorney to advise you on this.