Asked in Family Law for Texas

Q: What are some reasons why a Dad (vs mom) would get custody of a 2 yr old who lives @moms. No drugs/criminal hist here.

Ex-bf and I broke up recently. The child lives in my house (I'm the mom). I have provided all his clothing, food, diapers, the 2yr old has a brother that lives with me and his own room. We have been using his parents as the babysitters when I work. Now with the split the ex-bf has moved into his parents home, he shares a room and there are 6 people living in the 3 br house. The Bf is unemployed (and has been for a long time) and is threatening to get full custody and child support. I have no criminal history and no drug use. (he does have 2 old DUIs the 3rd was dismissed). Can he get full custody? Because his family has been babysitting for us and he now lives with them? Can that be seen as him having majority time spent with him?

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1 Lawyer Answer
Fran Brochstein
Fran Brochstein
  • Marble Falls, TX
  • Licensed in Texas

A: I've seen judges transfer custody due to lice. Also, sex offender in the home. Or, someone in the home is on drugs. So there are many reasons how a mom can lose custody of a 2 year old.

In your case, the threat is often made as a form of punishing and scaring you. I highly recommend that you hire a family law attorney immediately. You need to talk to someone in person about your case.

It is presumed joint custody in the State of Texas. Rights & Duties are what is important. You want the right to determine the child's residence and school. Also, the right to receive child support.

How old the DUIs are is relevant.

I hope this info has been helpful to you. Good luck!

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