Legal Question in Family Law in Texas

What does he have to prove to get custody.

I have been divorced and had custody of my daughter for over 8 years. I have an older daughter from a previous relationship. I am now engaged to a man I have dated for 5 years. My ex-husband is now fighting for custody. I did allow her to live with him for one month last year. He is now saying my status has changed for the worst. It has changed for the better. I am in private practice and have provided for all her needs and some wants. I don't do drugs or anything that can be used against me. He is attempting to say that I leave my daughter home along with her sister. One is 12 and the other 15. He did not start following the divorce decree for visitation until one month ago. What does he have to prove to get custody?


Asked on 12/24/01, 10:29 am

4 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: What does he have to prove to get custody.

You said in your email that he is fighing for custody. Has he filed anything at the courthouse?

I think it would be much easier to talk over the phone. Your email left out a lot of important details.

If you live in the Houston area, I offer a free telephone consultation at 713-847-6000. Be sure to let me know that you found me on lawguru.com

Merry Christmas!

If you don't live in the Houston area, please meet with an attorney in your community to discuss the details of your situation.

Read more
Answered on 12/24/01, 2:02 pm
John Pfister, Jr. Pfister & Associates

Re: What does he have to prove to get custody.

Like the other response, there are a number of factors to consider in a custody fight. In short, the court is suppose to do what is "in the best interest of the child" In deciding this, the court looks to many factors; parent skills, home enviroment and the parents themselves.

If you are in the North Texas area and looking to hire an attorney to represent you, give me a call. I will talk to you on the phone for free.

John Pfister

972-712-9208

Read more
Answered on 12/26/01, 10:36 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: What does he have to prove to get custody.

All of us need more details. Basicly he only has to prove that he is not an unfit parent and that your child wants to live with him. Judges look very closely at what is in your child's best interest. The child's wishes are given great weight. If this is a bribe situation the court will look closely. I would not go to court without an attorney. If you are in Dallas Fort Worth area you can call 817 261-2671 for a consultation.

Read more
Answered on 1/03/02, 5:12 am
Brandon Manus Manus Law Office

Re: What does he have to prove to get custody.

There are a number of details that I would need to discuss with you. But in a nutshell, the courts will look to the best interests of the child. If you would like to discuss this further, and you are in the Dallas - Fort Worth area, I can be reached at 817 763 0600.

Read more
Answered on 12/29/01, 2:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas