Legal Question in Family Law in Texas

Trying To Obtain Managing Conservatorship
I am currently paying half of the court ordered amount of child support, but because of my financial situation, I am unable to pay the full amount. I am considerably behind on my child support payments, but I do know that I am responsible for it. Out of 3 children, my oldest is residing with me and has been for almost 2 years. I would like to have the managing conservatorship for my oldest changed to myself. When I have asked my ex to do so, she has flatly refused, stipulating that it would reduce the amount of child support that she would receive. I also would like to obtain managing conservatorship of my other 2 children, but fear that she would use the late child support over my head again. There have been multiple times that my ex and her new fianc� have made negative accusations, about my wife and I to the children. There are �Rumors�, that the fianc� has smoked illegal substances in the home and inquired about obtaining them from neighbors. My question is: What would my chances be in obtaining the change of Managing Conservators? Am I starting something that would not have any chance whatsoever of being completed?

Asked on 3/30/03, 10:30 pm

1 Answer from Attorneys

Basil Hoyl Law office of Basil Hoyl

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Re: Trying To Obtain Managing Conservatorship

The best interest of the children is the most important thing. Judges do not like to split custody of children. How far apart do you reside from your ex? How old is the children? How long has that child been with you and how long has it been since the last custody order? Around the sixth grade, their wishes with respect to residence carry great weight. You should get a good family lawyer and discuss these things. Personally I would be inclined to pursue it.

http://www.reasonable-doubt.com

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Answered on 3/31/03, 12:40 pm

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