Legal Question in Family Law in Texas
I've had possessory conservatorship of my minor children (2) for three years. My ex-husband and I don't always see eye-to-eye, but for the most part, we have gotten along, considered each other's opinions, and been amicable. When my son (15) became increasingly defiant and verbalized no intention to stop, his dad and I decided that maybe he should try living there for awhile and possibly change the conservatorship if it made a positive change in our son's behavior. We agreed that our daughter (13) would stay with me, and even though the children would be together on weekends, it was in our daughter's best interest to monitor them. Two weeks later, when my son went to live with his dad, I was told that he was going to seek pos. conserv. of my daughter too. He said he didn't have to give reasons. I tried to reason with him, asked him to let me consider his reasons for doing this, and asked how he thought this was in the best interest of our daughter. He said he felt he would be a better parent. He says I'm getting ready to be served with papers to appear in court. I don't know what to do. My daughter says she wants to stay here with me. He would have to prove I was totally unfit to take her, wouldn't he? But, a lawyer has taken his case, so they must think he has a chance. How easy/hard is it to change possessory conservatorship when the child is 13 yrs old, is physically and mentally sound, does well in school, doesn't get into trouble, and doesn't want to change where she lives?
1 Answer from Attorneys
You need to hire a lawyer too. You need to ask that the judge interview your daughter in chambers alone and tell her side of the story.
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