Legal Question in Family Law in Texas
My wife left me in January and moved 150 miles away with our 2 month old son without consent or even telling me where she was. Our temp custody hearing is next wednesday. What is the usual outcome on these situations? He is under 3 years old but the typical several short visits a week will nto work unless she was forced to move back. She refuses to cooperate on any type of arrangement. Originally she filed a temporary custody order in Longview(her new residency) and asked me to give up my parental rights. I declined and field for divorce. She has counter filed as "fault" divorce citing cruel treatment. I have emails and a phone call stating that she simply left because we had an argument. Now she is going to claim that she feld for her life. There was never any resemblence of anything remotely physical or threatening in the 5 years we were together. She is doing this to keep me from getting any customer of my son. My attorney said if she lies there will be holes in her story. She is going to lie since she failed a fault counterpetition. Assuming the lies ar obvious what is the best that I can hope for as far as getting time with my little boy?
1 Answer from Attorneys
First, the suit is going to be heard in the county where you filed the divorce. So that will cut in your favor.
If she was the primary care-giver, she will have a good chance of being the primary conservator. Since the child is so young, you will probably get the right to see him a few days a week for a few hours at at time.
It is important that you and your attorney make it clear to the court, by making a filing, that if you are not designated as the conservator with the exclusive right to designate the primary residence of the child, then you want EXTENDED standard possession when the child turns 3.
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