How can I change child custody in Texas? 1 Answers as of February 24, 2011

How difficult is it to change child custody? The ex-wife is clearly not keeping the best interest of the children. Their current living situation and her ability to provide for the child’s financial, emotional and physical needs are all reasons that the father desires a change.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Changing custody - or changing the designation of the parent with the right to establish the residence of the children is a matter that, like most in family law, can be agreed or taken to the Judge. If the mother, who is the current primary conservator/custodial parent is willing to exchange that right, you need only document it with the Court. The documentation is akin to an uncontested divorce, you file a petition and both you and the custodial parent sign an Agreed Order. There is no time limit and it is fast and efficient. However, if the custodial parent does not agree (the most common situation) then you have to file a petition, have them served and the case proceeds like any other custody fight with discovery, hearings etc.

Now, to be more specific to your question. The "Best Interest" of the children is the deciding factor. What a Judge will look at in deciding that fact is anything that affects the children's best interest, including the factors you point out, what the children want, how much time each party spends with the children, etc. Accordingly, difficulty is a matter of comparing your facts to the your desires. The pleadings are real simple and easy, getting started is a matter of securing a lawyer, but how hard your spouse will fight is a mater beyond your control and will affect how easily the matter progresses. Just like any case, you can help yourself by getting your evidence together. Plan to win, and your chances of winning go way up.
Answer Applies to: Texas
Replied: 2/24/2011
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