Legal Question in Family Law in Texas

Physical Custody

Was divorced in Texas two years ago. Husband wanted a turn to have our two children full time (he was in school and traveled for his job while we were married). I mistakingly didn't have anything put in the divorce agreement about a designated date for when I could have them back full time. We have joint custody, but he has primary physical custody. A year ago, he married a woman with three children of her own and they just had a baby a few months ago.Also, the last 3 out of 4 times I have had them for visits, they have had lice.They have had it several times in the past year and a half, and have also had work done on their teeth (they had 12 cavities between them and had to have fillings in December), for which I am now responsible for paying half.I feel that they don't get enough attention with 6 children in the house and that basic physical needs (i.e. lice and rotten teeth) are being neglected.I would like to seek primary physical custody of them..


Asked on 4/06/01, 10:44 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Physical Custody

In order to change where the children live, you have a burden to overcome.

I recommend that you hire an attorney to discuss your options.

If you live in the Houston area, I offer a free consultation. 713-847-6000.

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Answered on 6/06/01, 1:13 am
John Pfister, Jr. Pfister & Associates

Re: Physical Custody

There are a number of factors in deciding who has custody. Overall, the courts will try to determine the "best interests" of the children.

You didn't mention how old the children are. If they are over ten, then they can influence the decision by choosing a parent in writing. This is not binding on a court and must be supported by other evidence.

You need to consult with an attorney on this matter. If you live in the Dallas area, I offer a free thirty minute consultation. Good luck

John Pfister, Jr.

972-712-9208

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Answered on 6/10/01, 9:57 am


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