Legal Question in Family Law in Texas

Modification of custudy

My husband and his ex-wife are currently in a modification of custody for their 2 kids. She left him w/the 2 kids to be w/another man in 2003 and divorced willingly giving him the kids as primary caretaker. Now she wants to be the primary custodial parent. What are the possibilities things remain as they are w/present decree? The kids are 16 & 11 years old. We know the 16 y/o is out of his hands if she decides to live w/her mother, but what about the 11 y/o boy? The ex-wife claims he has no say because her decision is automatically his as well so he'll be dragged along because they say the judge will not seperate them. Can you help?


Asked on 5/06/09, 12:27 pm

1 Answer from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: Modification of custudy

There are no "slam dunk" answers to your questions because the decisions are entirely dependent upon all the facts of the case. However, if the children have done well (grades in school, friends in the neighborhood, extra-curricular activities, church, etc.) with one parent in control for several years, the judge will be reluctant to change the situation.

It is extremely important that you hire a lawyer to assist you.

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Answered on 5/06/09, 12:31 pm


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