Legal Question in Family Law in Texas

Lost Father

I am a 35 year old male residing in the state of Texas. I have been seperated since October of last year. My ''other half'' has packed up and moved back to the state of Kansas with our 2 daughers, she has been there since January. She is living with her mother and step father, and has a part-time job working 15 hours a week.

What I want to know is what are my chances when I file for full custody of the girls, ages 1 and 3?

We had been together for almost 7 years and married for 2 years. During the relationship, she has only worked part-time jobs. I have always been the one working, 40-70 hour weeks. Just recently she asked me if I would pay half of child day care for the two. The reason given, her mothers business is suffering because the girls go to her instead of their mom. So instead of stepping in and taking control of ''her'' daughters, she would rather send them to daycare.

I just want to know if it is at all possible for me to get full custody of those girls? I understand that in the past 9 out of 10 cases were decided in favor of the mother, has that changed any over the years? If not, what can I do to change it? There are alot of fathers like me suffering because of this, can it be changed?


Asked on 4/04/05, 9:56 pm

1 Answer from Attorneys
Eric Williams Law Office of Eric L. Williams

Re: Lost Father

Your title is quite apt.

Texas law specifically provides that gender cannot be used to discriminate against a parent.

The first problem is that if she and the children have been in Kansas, she may be able to file for divorce there - I have no idea what Kansas law residency requirements are.

Your second hurdle is that with female children those ages, it would take quite a bit of evidence to 'take them away' from their mother - even thought the statute states gender is not a factor.

It also looks like, under the facts you report, that the mother is the primary caregiver for these children. That may be the most important factor for the Court to decide.

Now that she and the children have been in Kansas for over three months, what is your argument for the Court to change that arrangement?

Good Luck.

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Answered on 4/04/05, 10:40 pm


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