Legal Question in Family Law in Texas

Seeking full custody of my son

What do I have to prove or show in the court to be given full custody of my 4 year old son? My ex cheated on me 2 times, I filed divorce and didn't file as adultery. I know I can not change that now. I know that he is requesting to change custody all the time so he can go on dates and be with his girlfriend. He dumps my son on family members when he does have custody which isn't very often so he can do other things. He talks negatively to my son about me. I have kept pretty much every email he has sent me and proof that he was cheating. Is there anyway for me to get sole custody on these grounds? Also, can I restrict my son from being around anyone he dates? I do not introduce my kids to anyone, plus I don't date now, not ready. But if I did, based on what I have experienced with my son with the crying, clingyness and stories he tells, I would not subject him to the same thing my ex has and still does. We took the mandatory parenting class to have our divorce finalized, however, he does not practice what was taught. I want stability in my sons life and I feel at this point I am the only one that can give it. Any help would be appreciated. My dad paid for my divorce but I would like to seek out additional help on my own. Thank you


Asked on 2/12/07, 4:44 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Seeking full custody of my son

Do you have primary custody, and does he have visitation? Or vice versa? He wasn't a good husband, and that's why you got a divorce -- but it doesn't automatically make him a bad parent. At this point, filing a modification will need evidence of something besides dating alot. He is single, and he can date. That he cheated before is not relevant to his parenting, unless he is placing the child in a dangerous situation.

If a parent does not comply with the court order, then enforcement and contempt are appropriate remedies (i.e. speaking negatively about you). Clearly this is very hard for you. You may want to personally consult with an attorney to see if there is grounds for modification, but from this information provided it does not appear so.

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Answered on 2/12/07, 4:53 pm


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