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

Q: Child Custody Modification - Can I get full custody?

My ex-husband and I share custody of our 2 boys. He met a woman on a dating app about 7 weeks ago. He said they met on Tinder, but I believe it was on a sexual fetish site. She is from Columbia (the country not the city) and speaks no English. She came to the US to visit her sister in Austin (we live in Dallas) because her sister was getting physical threats from her “Employer” (God knows who that is) against her and her family. Since they met 7 weeks ago, they have only met in person 3 or 4 times, however, he has proposed and they are getting married in the next couple of weeks. Oh, and her visitor visa is either expired or about to expire. He is basically moving a Columbian, non-English speaking stranger who I (and he for that matter) knows nothing about in with my children. The kids haven’t even met her yet! Is this grounds for full custody in my favor?

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Every custody case is judged on the full facts and circumstances presented by the evidence. The details you included in your question are not favorable for your ex-husband. But whether they are enough standing alone to justify a change in custody depends on the trier of fact, whether that is a judge or a jury.

Whether these new developments justify the time, expense, and negative impact on your children that accompany any custody litigation is something only you can judge for yourself based on your knowledge of your family.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.