Legal Question in Family Law in Texas
How long do I have to wait to file a reversal of child custody in Texas? I have been divorced for 45 days and I can't deal with my ex being sole managing conservator. I only signed the papers because I was given a chance to attend Pharmacy school out of state so that I could provide a better life for my daughter and I. I didn't make it three weeks before I realized how difficult my ex was going to make things. I moved back to Texas and get to see my baby every 1st, 3rd, and 5th thursday thru sunday. He works on an oil rig every other week. Why can't I have her while he's working? I sat down with a lawyer about this and he told me that not enough time has gone by for me to have a chance at winning. He said at least a year. He recommended that I write my ex a letter stating that I would like to change our parenting plan, send it certified mail and also hand him a copy. My ex said that he will not accept a letter from me, to have him served or give it to his lawyer. He is not thinking of our daughter, only trying to hurt me and it is obvious to everyone around. I can't live like this. I thought that I was doing something good by bettering myself but it has been a nightmare ever since. I don't know what to do. What are my options for the state of Texas?
1 Answer from Attorneys
I agree with the attorney you met with - you can modify once a year.
If something "dramatic" happens, you can file an emergency order. It something "file threatening" occurs, you can always file that you should get primary custody.
Unfortunately, the situation you describe is pretty common. The Judges and family law attorneys hear your "story" on a regular basis.
I would save up your money and plan on hiring the attorney you met with. I would begin documenting your reasons for change custody. As I'm sure you are aware, the BURDEN to change custody is on YOU now. You have to PROVE why you should disrupt your daughter's life and move her. Just because you and the dad don't get along is NOT enough evidence to change custody. Just because he works off-shore is NOT enough reason to change custody. You knew he worked off-shore when you gave him custody. You will need much more evidence to change custody. You will need an attorney that knows the judge in order to change custody in a year or more.
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