Legal Question in Family Law in Texas
Mother letting 12 year old daughter live with non-relative
In Texas. Mother has custody rights with me (the father) having normal visitation. Daughter is 12 years old, and the mother has left the child with her former boyfriend so that the child can finish school where she was going before the mother and her boyfriend broke up. The mother has moved into an apartment with an older daughter from a previous marriage, nearly an hour away, and the school that my daughter would have to attend if living with her mother is basically unacceptable. The mother has not informed me that my daughter is living with the ex-boyfriend, I have found that out through my son, who this same mother sent to live with me because she couldn't handle him. This ex-boyfriend and my ex-wife only lived together for a coupleof years.
My question is what can I do, were do I go? If I start something, the mother will most likely get the daughter back living with her, and then there's nothing that can be done about this kind of behavior that my ex-wife is showing. My ex-wife is unacceptable as a parent, but Texas courts are not at all sympathic to the fathers. Believing that the child should be with the mother at all times when possible. I have a stable home, fairly good income, but not a lot of extra money for attorney's. Mostly because of child support payments.
1 Answer from Attorneys
modification of custody
The fact that your ex-wife has voluntarily left the child gives you ammunition that you didn't have before. Although I can understand your frustration with Texas courts, I think these recent developments in the relationship between your daughter and ex-wife give you a realistic chance of modification of custody. Of course, I cannot give you a complete evaluation without knowing more details, but I think you should strongly consider seeking modification. I don't know how long your ex-wife has lived away from your daughter, but abandonment is sufficient grounds for even terminating parental rights. If you would like a more complete evaluation, feel free to give me a call and I will discuss it with you in more detail (at no cost). Good luck.
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