Legal Question in Family Law in Texas

Truthfully, that seems like a rather odd arrangement that would probably not work well for your daughter and that a court might not be likely to approve. Certainly, parents can come up with all kinds of strange-sounding custody arrangements that nevertheless work great for them, and it it manages to keep the child happy and both parents in the child's life, usually courts are willing to accommodate. I'll be interested to see what other attorneys have to say on the subject, but this specific plan just bothers me. Kids do routinely have their lives uprooted by divorce and custody modifications, but generally speaking, that's to be avoided. This is basically a planned custody modification, if you think about it. Is the idea here to let your daughter be able to stay with her brother while he's young enough to still be at home, or is this something that's convenient for your wife, for some reason? I really don't know if a court would be likely to approve this anyway, much less uphold it three years from now if they did approve it, and you then asked for a modification so you could keep her, but it seems to me that regardless, it might be better to look for other solutions. Keep in mind that the reality is that while it may seem like working out child custody is just like working out the terms of a contract, it's not--the parents arent the only ones involved, and if the arrangement turns out to just not work well for the child, it can usually be changed at any time. Good luck.