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

Q: Trying to understand what is needed to prove a mothers negligence in custody of children for father to receive custody

Known abuse/neglect to the children however is covered up when needed and never seen by authorities. The mother is a very manipulative person and has tried to put several things against me (the father) that ends up failing or getting disproved. Mother has said if I don’t get back together with her she will take this children and my rights away.

Neglect I am aware of as we are living separately- constantly sick, unable to maintain good health, no scheduled sleep pattern staying awake till 2-4 in the morning and allowing them to wake when they choose, using the tablet as a nanny.

Mother is currently unemployed and says is receiving help from sister however sister is also unemployed as well. Mothers family is involved in illegal activity however has not yet been proved, I know from the time I was with her.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Child custody determinations are fact specific. All of the items you described can be helpful evidence in your child custody determination. While Texas law favors joint custody, your particular facts can lead to a sole custody decision.

An experienced family law attorney in your county should know the predilections of your judge and should be able to weave your facts into a narrative that presents your case in the most favorable light.

Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: In Texas parties are usually appointed. Joint conservators with on being primary. The burden of proof is the best interest if the child

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