Legal Question in Family Law in Texas

I am in the works of filing for divorce and also want full custody of our son. I am currently working two jobs because he really does not help me to provide for our son. My concern is can he get custody of our son just because I work two jobs? My job is only seasonal and its for four months out of the year. Since we seperated in September I'm the one who has taken care of our son. Please advise.


Asked on 3/24/11, 1:07 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

What do you mean by "full custody?" Most cases end up with "joint conservatorship" which usually means that one parent is primary and the other pays child support and has a possession order. While not equal, the standard possession order typically divides the time between the parents by 43/57%.

It is rare for a parent to be denied this unless the parent is a danger to the child. You need to discuss with an experienced family law attorney what is a reasonable expectation in your particular case.

If you ask the court for something that is unreasonable, or that appears to be punitive towards the other parent, then the case could go badly for you. You do not want to appear to the court that you are an alienating parent.

Bob Leonard

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Answered on 3/28/11, 9:34 am


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