Dallas, TX asked in Child Custody for Texas

Q: I am divorce and we have joint conservativeship w/my son (who is 9 yrs) living w/me. If my son lives with his dad for

8 months, can his dad take legal action to keep my son?

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1 Lawyer Answer
Jodi Soyars
Jodi Soyars
  • Divorce Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Yes. It will most likely be considered a material change in circumstance and would open the door to a modification. However, if you believe this is in your son's best interest you should work with the father to modify the custody agreement in a way that satisfies the collective needs of everyone rather than leave open the possibility to fight about it later in court when a judge who barely knows you all will make a decision.

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