Legal Question in Family Law in Texas

I have a friend, who is married and has a child. She met someone at work and began talking to him only by text messages, but they did say they liked each other. Her husband kicked her out of their home, but a week later told her to come back or he would use copies of the text messages as proof of her cheating and get custody of their child. Is it possible for her husband to get full custody of the child?


Asked on 9/23/13, 10:25 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

First, your friend has obviously not talked to a family law attorney.

Second, getting these texts into evidence is always not that easy.

Third, I have no idea as an attorney what "full custody" means.

In the State of Texas, joint custody is presumed.

Your friend needs to talk to a family law attorney immediately.

It does not appear that your friend has even had an affair. Plus, an affair is only relevant regarding property division. I'm sure that you and your friend did not even know that.

You are asking a lot of questions that need to be addressed in a personal consultation.

I cannot tell what county your friend lives in. I recommend that you look on this website and on www.avvo.com for an experienced family law attorney that is willing to fight for your friend. Many offer a free consultation. Some do it over the phone and others in person.

If you are in the Houston area, I recommend Patricia Bushman at 713-807-9405. Her first appointment is FREE. She accepts payment plans. She is a tough, smart attorney. Tell her that I sent you. I rent space in her office.

Your friend needs to read about divorce on the numerous Texas website on-line. She can read my blog which is linked to my website - www.familylaw4u.com

It would appear that she might be an abused spouse. She probably needs to enter counseling and learn to get "tough".

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Answered on 9/24/13, 5:10 pm


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