Legal Question in Family Law in Texas

My question a couple has been married 17 yrs the wife has multiple marital affairs and is currently married, but now seperated, is unfit to care for her children of 3 ages 5, 10, amd 16 yr old, leaves 16 yr old to care for kids while she is with her boyfriend, also wife always drunk. Is it okay for the 16 yr old to babysit while mom is out all night? Husband has own business and home is paid for he is giving the house to wife and he keeps business, he doesn't want to call CPS on the soon to be ex for reasons being that he does not want to lose half his business to her, his business prior to marriage this is his second marriage. Being that he knows child are home alone at night, can he sue for primary custody and perhaps keep the home and his business? Wife is uneducated HS drop out works at his business she will lose her job when divorce is final has auto payment of $500 home is paid for, but has to pay up keeping such as utlilities and being she will be out of a job she will more than likely lose the house as she will not be able to pay property taxes. Can dad ask for joint custoday and keep house and his business?


Asked on 2/23/11, 7:13 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

The most likely outcome is that the court will order Joint Managing Conservatorship. The court will have to order a just and right division of the community property. If the main marital asset is the house, the court may just order you to sell the house and split the proceeds.

If the mother is truly unfit, then yes, ask for primary conservatorship. Even ask for Sole Managing Conservatorship.

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Answered on 3/10/11, 8:41 pm


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