Legal Question in Family Law in Texas

If you send the kid to live with dad and he gets legal custody, then if you want to modify it in the future then the burden is on you to show why a modification should occur. You cannot put language in the modification that says after XXX years the child will come back to live with me since it is not binding. At the time you want to regain custody, the child would want to come back to live with you and be willing to talk to the judge or the amicus attorney appointed to represent the child in the litigation.

In the meantime, the parent not with custody can ask for an expanded possession order and get visitation 48% of the time with the kid.

Mediation might be an option for you -- usually faster and cheaper than litigation. Also, more creativity involved. If you give up custody, you can ask for every spring break, more time in the summer (say 60 days) and every Thanksgiving and Christmas break. Mediation allows visitation that no judge could ever order.

I hope this helps.

Look on this website and www.avvo.com for an attorney in your county.

www.familylaw4u.com