Legal Question in Family Law in Texas

I am a married man with 3 children. 2 are my biological children the other is my step son. I am in a terrible marriage at some points I question my wife mental stability. I want a divorce but I am worried for my children. I want full custody of all 3 of my children because I am concerned about their well being mentally and physically. How can I get full custody of my kids? Including my step son


Asked on 4/07/11, 9:03 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

The step-son is going to be a problem. Generally, his father is going to be the one to get custody of him. However, if his dad does not want him then that is something you need to talk to a family law attorney about. Also, if his father joins in the fight the 2 of you can work together as a "team" to help all the kids. You might want to retain the same attorney! Yes, I've seen it happen!

You need to immediately make an appointment with an experienced family law attorney.

Check out attorneys on this website & on www.avvo.com Both sites allow people to post questions that attorneys can answer for free. Read attorney answers & select one that you feel that you "connect" with.

You need an attorney that knows the judges in your county -- yes it makes a difference! You need an attorney that does at least 50% family law.

I personally would not hire an attorney that does not do a majority of their practice in family law & has been practicing for approx. 10 years. I would also want someone that has children & has been married for for awhile - otherwise, how can the attorney understand the complex issues you are experiencing? I personally would also want the attorney to have gone through a divorce -- but then I'm really "picky".

A lot of men are able to get custody since TX law is gender neutral The law no longer favors women! However, some judges still "favor" women -- that is why you need a lawyer who knows how the judge "feels" about custody.

You need to "build" a strong case. A good attorney will help you "build a strong case". It might take awhile (aka months) to do so. Don't freak out -- it is worth taking the time to do the right thing for your kids -- right? You want to protect your kids -- right? Then hire a good attorney & take their legal advice.

So my advice -- find an attorney that you trust & follow their advice! Listen to your attorney! Don't rush. Build a strong case & win custody -- especially if your wife is mentally unstable. You will need witnesses & evidence to prove that she has a pattern of mental instability - it is often difficult to prove - but a good family law attorney can help you put on a very strong case.

It will be the best thing for you & your children in the long run -- and that is what you want!

Protect your children! You will be glad that you did! Once you leave the house if your wife is truly mentally unstable -- she could (and probably) will get much worst! You won't be there to protect the kids!

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Answered on 4/07/11, 9:50 pm


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