Legal Question in Family Law in Texas
Texas child custody
My step son is 10 and has always lived with his mother(my wife) and I. His father was never involved in his education or activities until 1.5 years ago. He has never lived in the same county or city as his child. He only saw him every 45 days or so. I am military and my wife had exclusive right to move with no domicile restrictions. We moved to Japan in April of 2007 and he filed for custody...My wife and him mediated an agreement to let my step son live with him for one semester before the trial as a parenting experiment. Now his father has delayed the trail and got it transfered to his county.
My step son is not very happy, the court ordered pshychologist is on my wife's side and says that he needs to go back. He wants to be with his mother and his little brother but his father doesn't care.
His father and step mother have a stable home but not loving.
When the final trail comes around he will be 11....Will the judge listen to his wishes?
His father and my wife were never married and he moved away to pursue his career. My wife and my step son have a very strong bond that he is trying to break. I am concerened that my step son will grow up resenting his father for his actions.
2 Answers from Attorneys
Re: Texas child custody
Your wife needs an attorney in the county where the case is pending. It is not likely to remain in the original county at this point. A child's preference can't be filed until he is 12; however, you can request the judge to conference with the judge. This situation has reached a point where it will be difficult to undo. You need to get into a courtroom soon, with the psychologist at hand.
Re: Texas child custody
Your wife needs an attorney in the county where the case is pending. It is not likely to remain in the original county at this point. A child's preference can't be filed until he is 12; however, you can request the judge to conference with the child. This situation has reached a point where it will be difficult to undo. You need to get into a courtroom soon, with the psychologist at hand.
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