Legal Question in Family Law in Texas

hearing and possible trial

I have 3 children that have always lived with their mother. One of the children pleaded to live with me. Mother agreed. My attorney drew up papers to modify sole custody to joint on all the children, me providing the residence for one child. This modified the child support due to change. Mother advised to have attorney look over papers, she chose to sign, she understood. Very simple modifications.

Child is seeing a counselor and has adjusted, on honor roll, friends, and attending church. The child sees the siblings regularly, visitation every weekend. The siblings are struggling in school, and I fear for their mental-health. Mother refuses counseling.

Mother has now gotten an attorney and filed for a new trial, hearing is coming up. I have documentation of neglect of dental/medical needs for the children, etc

If the child in my home is succeeding and siblings are not, is there chance of going to trial? Possibly consider granting managing conservator to me? Mother willingly changed sole conservatorship to joint and now wants it changed back and child back in her home. What is the chance of that happening?


Asked on 1/03/01, 6:19 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: hearing and possible trial

Your question is far too complicated to answer with just the information you have provided.

I suggest you contact an attorney in your town for a consultation.

FYI - a custody case is not easy but your attorney will "build" a case with testimony by witnesses, etc. Perhaps an "attorney ad litem" needs to be appointed in the case to represent the children's interests.

If you live in the Houston area, I provide a free consultation.

Best of luck to you.

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Answered on 1/08/01, 2:28 am


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