Legal Question in Family Law in Texas

Can the past of a stepparent be used against him in a child custody case?

my ex just got out of prison. for the past 5 years my new husband has been providing for my kids emotionally and financially. we have a court date that was set up by the attorney general of texas for child support. i have reason to believe that my ex found out my husband was put on deferred adjudication about 8 years ago for sexual assault on a child. this was when my husband was still in high school. he has complied with all the terms of his probation--community service, counseling for him and me taking classes to become an official chaperone. two of the counselors he's seen for over 2 years said that i had nothing to worry about--what he did was not likely to happen again. he got off probation in april. i knew of his past. he is never alone with the children and they have never expressed anything unusual or inappropriate has happened. could this have a negative effect on my keeping custody of my children, ''if'' this is brought up in court. my ex has expressed of ''hearing'' things to my family. in the event this might come up what type of damage control should i start putting together?


Asked on 11/08/00, 3:03 pm

2 Answers from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Can the past of a stepparent be used against him in a child custody case?

I'm not sure it will come up at all, if I understand your situation. If the AG has set a hearing, that means that the state has given you child-support assistance, and the state is now going to try to recoup its money from your ex. Even if you wanted to forgive the child support, the state would not let you, because assigning your rights to collect child support to the state is part of the deal.

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Answered on 11/19/00, 12:33 am
James Grissom Law Office of James P. Grissom

Re: Can the past of a stepparent be used against him in a child custody case?

You already have started damage control by you familarity with the facts of your new husband's situation. The hearing is for past child support and not for custody. Usually, the AG does not get involved in custody. When you go for the hearing, tell the AG to try not to permit any issue of custody. That would be a subject of your ex in another proceeding. Usually, the court confines itself to what is on the schedule - nothing more.

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Answered on 11/20/00, 1:08 pm


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