Katy, TX asked in Child Custody, Divorce and Family Law for Texas

Q: My husband and I have just separated, I would like to have primary custody of our daughter. What are the steps for this?

3 Lawyer Answers

A: Your question is too broad for this forum, but know that her primary custody will be decided based on her ‘best interest.’

What factors are used to determine that?

Many, defined by case law. (Interestingly, the Family Code does not define it.)

You should consult with a qualified attorney ASAP.

I would be glad to consult with you if you like. Simply call my office.

Hope this helps.

-Jon R Boyd

A: If you're separated and unlikely to reconcile then you need to file for divorce. Custody of and visitation with your daughter will be resolved as part of your divorce. Be aware that the routines you establish now during seperation regarding your daughter can greatly effect your case. If you'd like a consultation in the Houston or surroundings areas, please give my firm a call.

A: File for divorce and request primary conservatorship.

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