Q: How do I file for sole of primary custody? The father is homeless and has substance abuse issues as well as my mother-in
My husband and I are separated. I live in Texas. My spouse lives in Louisiana. We currently have joint custody. I don’t want to return my children to their father because the environment isn’t good for their well being and the father isn’t fit.
A:
You need to hire an attorney in or near the county where you live who practices in the area of family law or divorce to file a divorce proceeding in which you can seek full custody of your children. While cases seeking full custodial possession of children can be difficult and expensive, the facts that the father is homeless and that he has substance abuse issues gives you a firm basis to seek full custody.
I am a little bothered by the statement that you currently have joint custody. Typically, there are no court orders regarding custody between parents who are married to each other. The way your question is worded could be interpreted as if the father of the children is not the same person as your husband. If you are talking about two different people, you may need to file two separate actions: one for divorce from your husband and one for full custody of the children against their father.
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