Legal Question in Family Law in Texas

I share joint custody with my ex husband and he is using our children to keep a hold of me. My 9 and 15 year old want to live with me because he is abusive! How can I get full custody in Texas ?

Asked on 5/09/13, 7:54 pm

1 Answer from Attorneys

Thomas Daley Power Daley PLLC
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In Texas, there is no such thing as "full custody." By that I mean, that term has not legal definition in Texas. So depending on what you mean by "full custody" you might or might not be able to get it in Texas.

If by joint custody you mean that you share the kids 50:50, and by sole custody you mean that you want the children to live primarily with you, then you need to file a petition to modify the parent-child relationship. In order to win, you will have to prove to the court that there has been a material and substantial change in circumstances involving the children or your ex AND that the change you are requesting is in the children's best interests.

Custody battles are complicated, particularly where you are modifying an order that is presumptively in the best interest of the children as of the day it was signed by the court. You will need a family law attorney to help you prevail in this matter.

If he is truly abusive (not just mean), then you MUST call law enforcement right away and alert them OR call CPS.

Good luck!!

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Answered on 5/14/13, 8:35 pm

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