Legal Question in Family Law in Texas
I am a mother of two 4yr old boys. My ex and I got divorced almost a year ago. He was very mentally abusive and controlling. He "backed me into a corner" at the time, and since my self-esteem was so low I believed him, stating that he would take me for full custody if I didn't agree to joint custody. Well now he has a new gf and she has 2 kids. My boys cry to come to my house on his weeks and they tell me that he ignores them when her kids are around. He still harrasses me over little things and has gone as far as to tell me via text that I am a worthless mother.
My question is what do I need to do and how much will it cost me to get full custody of my children?
1 Answer from Attorneys
To successfully modify the conservatorship and possession & access order, you will need to allege and prove the following:
(1) The requested change is in the best interests of the children; AND
(2) ONE of the following:
(a) There has been a material and substantial change in curcumstances involving the children or one of the parents and this change affects the well-being of the children;
(b) A child 12-years or older has requested a change in conservatorship;
(c) The other parent has voluntarily relinquished actual possession and care of the children for more than 6 months (not including military deployment).
If you threaten to modify child support based on his increased earnings, that might make him more pliant.
But one thing: never, ever, ever, deal with a family law issue without an attorney. Too much is at stake and the law is too complicated.
If you can't afford an attorney, please contact the Texas Legal Services Center (www.tlsc.org) and they will refer you to a local attorney who will handle your case at a significant discount.
Good luck!!
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