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Father wants custody of 13 y/o daughter (difficult case) Texas

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  • Father wants custody of 13 y/o daughter (difficult case) Texas

    My husband and I are seeking custody of his 13 y/o daughter. He lost in a lengthy (~4 years) court battle in October 2000. After a week long jury trial, in which the jury was siding with my husband, the judge told the jury the only choice they could make was what type of visitation my husband was to receive, NOT if he could gain custody. This, the judge claimed, was because there was some law that stated that a parent who had been convicted of domestic violence toward the other parent could not gain custody of their child. Due to my husband having plea bargained in 1995 of domestic violence against his daughter's mother, we were unable to gain custody. Her maternal grandparents were awarded custody. BTW, maternal grandma worked in the court house of the small town we were battling in.

    Now the circumstances have changed. We have been cordial toward the grandparents and the mother for all these years... them, not so much. Recent changes include: grandfather diagnosed with cancer, mother (who was living with them at the time) was arrested on serious drug charges, grandmother is becoming more and more vindictive toward us and our involvement with my stepdaughter. Another change is that she says she wants to live with us, but she is afraid of upsetting her grandparents... especially her grandmother who she is "afraid" of. She's not physically abusive toward the child, but she is very intimidating. That's what she's afraid of.

    Any assistance would be greatly appreciated. In particular, I would love to find a court case heard in a Texas court where a father with a past such as my husband's has gained custody of their child(ren). He has had no criminal charges since the case with his ex in 1995. He has gone through anger management. We have both gone through parenting classes.

  • #2
    First I would suggest you contact these folks:

    Texas Fathers for Equal Rights

    They can probably help..... Also, I do not know the specifics of the law in Texas, but in some states (Cal. is one), the barr from getting custody is only in place if the domestic violence conviction was in the last 5 years.... check with the organization above or an attorney if someone else here does not know about Texas.

    God Bless!


    • #3
      Thanks for the info. That would be great if Texas was the same as California, but somehow I am afraid it's not as it was just over 5 years after his conviction when we were in court the last time. But I will check with Texas Fathers for Equal Rights. Thanks so much.


      • #4
        Nope, in TX..once convicted of domestic violence, joint managing conservatorship or sole managing conservatorship is not an option. Possessory conservatorship is allowable (as you know) IF certain conditions are met.

        Now, however, he's got another issue. What happens to his child if Mom goes to jail and he is barred from having custody due to his conviction?

        He needs a consult with a good atty, pronto.
        Last edited by mommyof4; 02-20-2008, 01:10 PM.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)


        • #5
          At this point maternal grandparents have custody (per the court order from 2000). That is why I'm trying to find a court case where a father in this situation has gained custody. Thanks for the info


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