Legal Question in Family Law in Texas
I will be taking my x wife to court to obtain custodial custody of my 3 children I have spoke with several attorneys about my case they say my chances are about 80%. I would like to know how hard it will be to get custody of my children and what would I need to prove to the judge that I am the more stabile home for my children and that I only want what is best for my kids and I will not be asking her for any child support. I would like to know what the chances are in the state of texas of a man getting custodial custody? I know it will be hard to tell me much but I just want to get as many oppions as I can If there is any addvise you can give please do thank you.
1 Answer from Attorneys
You should talk to a board-certified family law attorney for this. Before you even have a chance to argue custody, you will need to prove to the court that there has been a material and substantial change in circumstances. You did not mention anything about this. Just having a more stable home is not enough; you need to present a reason for the court to disturb the status quo.
This is much more difficult to change than it is to get the first time (at your divorce presumably). The fact that you don't want child support will not likely be helpful and may hurt your chances since judges do not like it when both parents are not supporting the child.
Depending on the court, the fact that you are a man is not harmful; I have obtained primary rights for several men-when the facts support that.
If we can help you, call (817) 336-8500 for an appointment.
Bob Leonard, Jr.
Board Certified-Family Law, Texas Board of Legal Specialization