Legal Question in Family Law in Texas
If I currently have joint legal custody of my children, but want to change it to joint physical custody as well, will a court agree to this even if the mother of the children does not because it will mean she gets less child support? What kind of case would I have for wanting to spend more time with my children?
2 Answers from Attorneys
You would be filing a Motion to Modify, and it is not uncommon for the other parent to object, for numerous reasons. The outcome of the hearing is going to depend upon all the various factors brought to the attention of the judge. No doubt she will have an argument for maintaining the status quo, that isn't support-related. Make sure you spend some consultation time with an attorney that can explore the specific facts of your case, and give you an assessment of your case.
Most Courts will not involuntarily "divide the time" between the parents. I would be glad to visit with you concerning the facts of your case, if you would contact me directly. I would like to know if you have expanded hours under a standard possession order.
Bruce C. Zivley
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