Duncanville, TX asked in Child Custody, Child Support and Family Law for Texas

Q: Im the primary parent according to my divorce decree, ex wife is trying to change that. Need to defend my self

Per my divorce decree, i have joint conservatorship of my daughter, with me being deemed as the 'primary parent". My ex is trying to change that saying that and filed a motion with the court saying she needs to be the primary parent, due to our child's school grades are not good. She's also saying her hygiene isn't acceptable and send her to school without bathing, etc. Is this grounds for a change in conservatorship? (None of this is true by the way) it's total lies. I have her 50% of the time, she has her 50% of the time. Per my decree i have the right to receive child support if I so choose but I have not excercised that right

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The terms for conservatorship, possession of or access to a child can be changed if the circumstances of the child, or of either parent have materially and substantially changed since the rendition of your divorce decree and the requested modification is in the best interest of the child.|

Allegations like those you describe are common and, if the court finds them to be true, could lead to a change of such terms.

You need a lawyer experienced in family law matters like this to assist you if defending the motion your former spouse has filed. A contested custody case like this can be expensive, so do not be surprised if an attorney requests a substantial retainer to handle this type of matter.

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