Legal Question in Family Law in Texas

My ex wife and I have a 9 year old daughter. She's the custodial parent and i am the non custodial parent. I now live in louisiana and she lives in texas, the order was done in texas. What im wanting to know is do I the father have a good chance at getting physical custody of my daughter based on this information: The last Few years shes been in school She has done very poorly, shes been suspended from school, shes been suspended from and kicked out of daycares for her behavior., shes thrown desks and hit teachers, Shes been held back in schoo I am convinced its from the way her mother treats her,l also, I am in the process of getting all her records and things thats happened to her at school. Her mother isnt letting me have my visitation and often says that she will purposely not be home so we couldnt pick her up, she refuses to let us know anything going on in her life, The mother has an anger problem and always yells at her and doesnt spend alot of time with her, this all comes from the mouth of my daughter, her brother also from another marriage who used to live with them until my ex kicked him out to live with his father because she didnt want to care for him anymore, he says she just blows up and yells alot and is very mean to them. She also has another son who is in the states care because he has mental problems and she didnt want to care for him either. So based on the these facts:

1. My daughters behavior and schooling have gotten worse and worse

2. my ex is having financial problems and often cant pay her utility bills and phone bill

3. She trys to keep me from seeing my daughter

4. My wife and I are financially sound, we have a stable home and my wife stays at home with our boys so there will always be someone here for her to help her with school.

5. the fact that she leaves my daughter home alone alot since she was 8

over all i am just very concerned with how shes being treated, with her school and her behavior.We just found out shes been at an alterative school for her behavior and anger.

So what are the chances I getting our custody order changed to where my daughter now can live here..even if its just for a trail period.


Asked on 2/04/11, 8:19 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

1. Your chances of getting custody are good, but you can expect a long, expensive fight. Your ex-wife will lie in Court. Plan to give your lawyer an advance retainer of at least $5,000. If he doesn't ask for at least that much up front, he doesn't know what he's doing.

2. You will need to hire a child psychologist.

3. Go ahead and start enforcing your visitation. Get a local (Texas) lawyer to file a motion for contempt. At any point, you can amend the motion for enforcement to ask for the modification.

Read more
Answered on 2/04/11, 11:20 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas