Legal Question in Family Law in Texas

Can I still get sole physical custody of my children after my divorce if I have been a stay at home mom and my husband has always paid the bills? I am the primary caretaker.

Asked on 10/06/13, 8:26 pm

2 Answers from Attorneys

Adam Kielich The Kielich Law Firm

I'm not sure why you would receive sole managing conservatorship. In Texas, there is a presumption that both parents should be joint managing conservatorship. There must be some reason why it is in the best interest of the children to have one parent as a sole managing conservator.

If you are just interested in obtaining control to designate where the child lives then yes it is possible that you could receive the right to determine where your children live although you are a stay at home mom as long as you can prove your ability to provide care for your children.

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Answered on 10/06/13, 8:37 pm

Fran Brochstein Attorney & Mediator

I agree with the other attorney.

But, as a female, let me add that your future is going to look very different than your past. You need to begin thinking about your future. You need to think about getting a job.

You might be entitled to some spousal support but it won't go on forever. Eventually you will be expected to support yourself and provide 50% of your children's expenses. Women wanted equality and the Texas Family Code reflects gender neutrality. The day of being a stay-at-home mom is over.

Go out and talk to an attorney about your future. I recommend that you probably talk to a female attorney about what your future is going to be like. Talk about your life 2 yrs., 5 yrs., 10 yrs., for now. You need to begin now thinking about about your long-term future as a single woman.

Good luck!

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Answered on 10/07/13, 1:47 pm

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