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I want to attempt to get child custody Texas

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  • I want to attempt to get child custody Texas

    Ok,
    I am not sure where to start. I want to attempt to get joint custody of my girls with me being the custodial. Me and my wife have been married for 5 years and I no longer want to be a part of this marriage. She hasn't kept a steady job and honestly I am tired of taking care of her.

    I need some advice of how to get started. My girls are 5 and 6.

    Since they have been here I have been the sole provider of them. My wife would keep a just long enough to say she worked and then find an excuse to quit working. I would have to say over the past 7 years that we have been together she has had 6 jobs and maybe have working a total of 9 months. I have sacrified so much that I don't want to just allow those things to go by the way side. I am the one who has established a stable home in a good area where they can be rasied. She had a daughter before our two that she has "given up on" because it is too hard. I don't want her to get my daughters and give up pn them.

    What laws and or things does Texas look at when they decide what is in the best interest of the child?

  • #2
    Hopefully This Helps A Little

    The best interest of the child shall always be the primary consideration in determining custody, without regard to the sex of the parent or child. Sole or joint custody may be awarded, but presumption shall be for joint managing conservators. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. The court shall use the following factors in determining custody:

    * Whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators.
    * The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest.
    * Whether each parent can encourage and accept a positive relationship between the child and the other parent.
    * whether both parents participated in child rearing before the filing of the suit. The geographical proximity of the parents' residences.
    * If the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child.
    * Any other relevant factor.

    [Based on Texas Statutes; Family Code, Chapter 153]




    This information can be found at: http://www.childcustodycoach.com/texas/

    Comment


    • #3
      Originally posted by mommyofhaleigh View Post
      * The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest.
      * Whether each parent can encourage and accept a positive relationship between the child and the other parent.
      * whether both parents participated in child rearing before the filing of the suit. The geographical proximity of the parents' residences.
      Ask yourself how you can prove that YOU are the best person to do these things. That is what a judge will want to know when determining who should receive primary or physical custody of the children.

      My husband sought to overturn who had primary custody of his daughter in 2002 (and won - NC). What we needed to show was that my husband was active in her life, capable of providing the care and that he had a genuine, provable concern if she was NOT in his care.

      Just some examples:
      Who takes the children to doctors appointments? If you don't, are you familiar with the doctor, their health history there, etc. Find a way to prove these things and how you can show them to the judge.
      Do you have a relationship with their teachers?
      Where will you live? What will their room(s) look like? Who will care for them while you work? How would you handle visitations, would you promote the relationship between mother and children - HOW?

      ~~ I don't want the answers to these questions - these are just things for you to think about how you can prove them to a judge. ~~

      Figure out the answers to these type things, and how you can prove it to a judge......... pictures, medical records, school records

      Then, take all that and meet with a lawyer............... you can't do this without one.

      God bless you,
      Amy

      Comment


      • #4
        I agree with Shaking Things Up! The determining factors of Custody in any state are just the bare minimum of what a Judge will want and need in order to actually move in one direction or the other.

        Typically in our society the Mother is usually the person that takes the children to doctor's appointments, school functions and so on because MOST fathers are busy at work or school. This DOES NOT necessarily mean that the father is not playing an active role in his child's life but unfortunately Dads are often thought of as being the inferior parent in Family Court proceedings in my experience. To the OP - you have to make sure that A.) You are playing or at least begin to play a huge role in your children's lives to the extent possible B.) You have documentation to PROVE that involvement and C.) That you have all of this prior to filing any type of Motions in Family Court.


        As sad as it is to say, the expectations of parenting in our Country are very low and parents are not always expected to go above and beyond the call of duty for their kids in order to gain Residential Custody. Just make sure that you are actually doing the things that you have typed up in a Motion or Petition because you will more than likely have to fight the good fight to prove it! I am not for or against either women or men when it comes to this but I will tell you this much...Dads usually have to prove far more than Moms do because it is just kind of the nature of the beast so to speak. Good luck to you and I wish you all the best!

        Comment

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