Can I get primary custody if ex refuses to let me see 1 child and ESO for others? Not mature (Neglect) & alienation?

Question

Extended standard order in county over for Previous kids (twins 2yr) who are only 1yr older. I use to watch all the children while ex worked, yes including the one I’m being kept from from birth until 7 months (when we separated) Now won’t let me keep them while working instead let’s friend watch them (I guess?) I really don’t know. When I pick up twins previously I documented burns between fingers, scratches on face, medication sent without labels, rashes and more. Had them for 40 days for summer ex didn’t call once to check on them. Every time I ask for my child without order who I kept with me months by myself it’s a lie or excuse as to why not. Asked to get on birthday it was they are 2 hours away I get pics and oops iPhone showed they were 1.1 mile away, that has to be some sort of parental alienation. 3 kids but with 1 refuse to allow me my time I had before break up. Hearsay if no affidavit but ex friend says ex leaves kids with friend after work to spend time with BF.  Neglect?

Elisa Reiter · Answer

As someone who is double Board Certified in Family Law and Child Welfare Law by the Texas Board of Legal Specialization, I want to explain that I cannot provide any guarantees regarding the outcome of your case. The Texas Family Code governs family law matters in the state, and it is important to consider the relevant provisions when discussing custody issues. Here are the key points to keep in mind: 
 
1. Possessory Rights: Possessory right refers to a court-ordered right of possession of or access to a child, including conservatorship, custody, and visitation 
 
2. Material and substantial change in circumstances: Has there been one for you, for the other parent, or for the child(ren) 
 
3. Does what you describe rise to the level of an imminent threat to the child(ren)'s physical or emotional well being? 
 
4. Public Policy: The public policy of Texas is to ensure that children have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child 
 
5. Standard Possession Order: Texas has a standard possession order that provides a framework for visitation and possession schedules for parents. However, deviations from the standard order can be made based on the best interests of the child 
 
6. Regarding the term "parental alienation," it is important to note that it should not be used lightly. Parental alienation refers to actions by one parent that intend to manipulate and turn a child against the other parent. Like fraud -- easy to allege, hard to prove. 
 
.If you suspect parental alienation, it is crucial to consult with a family law attorney who can guide you through the appropriate legal actions 
 
Addressing your specific question about obtaining primary custody if your ex refuses to let you see one child and there are allegations of neglect and alienation, it is important to gather evidence and present it to the court. The court will consider factors such as the best interests of the child, any history of family violence or sexual abuse, and the ability of each parent to act in the child's best interest 
 
To navigate your case effectively, I recommend consulting with a family law attorney who can provide personalized advice based on the specific details of your situation. They will be able to guide you through the legal process, help you gather evidence, and advocate for your rights and the best interests of your child. Good luck!

Q: Can I get primary custody if ex refuses to let me see 1 child and ESO for others? Not mature (Neglect) & alienation?