Vidor, TX asked in Child Custody and Family Law for Texas

Q: Question about child custody.

My husband was given custody of his three kids when he divorced his ex-wife, she had the every-other-weekend, Saturday and Sunday, 2-6pm. Over the past year or so she has started being back in the kid's lives, and it has slowly gone back to basically 50/50 visitation, at my husband's discretion, and it's been working very well for everyone. We heard through the grapevine that she told someone she is going to bring him back to court for FULL custody. Does she have a chance of taking them? Should we not be letting her have them 50/50 and can she can use it against us later?

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1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Courts do not generally change custody unless it is in the best interest of the children. If there is no reason to change the current situation, then the court will not likely do so. However, the courts do expect parents to work together and most orders include language such as, "or as the parties agree" to cover when parties choose to work together outside the current order.

You can contact a local family law attorney to discuss the situation further. If the attorney knows all of the facts, he/she will be able to give you more specific advice.

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