Legal Question in Family Law in Texas
Separating the children
My husband's ex-wife has custody of their three children. We have consistently paid the court-ordered child support and have taken advantage of all opportunities to be with the children, as described in the divorce decree. The oldest, a boy, is nine and has expressed a desire to live with us. There is a significant age difference between this child, and that of the two younger children. How do the courts generally view a custody petition that separates the children? Also, if the petition was granted, would we then we paying child support to his ex-wife for one or two children?
1 Answer from Attorneys
Re: Separating the children
When the child become 10 years old, his choice may be made known to the court and considered -- usually conclusively. For the 9 year old child, a social study would be required, and the courts usually follow that recommendantion. However, both parties and the Court sometimes obtain conflicting social studies; then it becomes a matter of proof, evidence, testimony and cross-examination. The ultimate test in these matters is "best interests of the child".
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