Texas Child Custody Legal Questions

First, your ex-husband can file a motion or petition with the court to request anything he wants. Of course, if he files a frivolous motion he won't succeed, but that doesn't mean he cannot try. Second, regardless of whether you marry your boyfriend or not, unless your ex-husband can demonstrate by a preponderance of the evidence that your boyfriend poses a threat of harm to the child, he cannot prevail on a motion or petition to keep him from having contact with your son and developing a step parent relationship with him. Marrying your boyfriend only makes it harder to prevail on a motion or petition, but never makes it impossible. The question is not whether marriage can prevent your husband from filing, the question is whether your boyfriend/husband poses a serious danger to your child.... Read More

From a practical point of view, sure. Dad doesn't care and won't want to spend the money. Legally, if he wanted, he could file a petition in your present state to keep the children there. So, when you move, as soon as six months elapse, file for custody in your new state. And ask for a bundle of child support.... Read More

Yes, but parenting plans are complex. It really should be completed with both parties sitting down with an attorney. Now that attorney could be a consulting attorney, one who meets you at the law library because he might not have an office. Expect he would charge around $65 an hour to help both of you fill out the forms. Was paternity established or his name placed on the birth certificate? Is the child now over 2 years of age if on the birth certificate?... Read More

First thing - read the order. The order may have a geographic restriction and, if so, suit should be filed to enforce it and halt the move. If there is no restriction, a modification suit can be filed to ask for a change in the orders. There is probably a requirement in the order for the moving party to provide notice of the intended move - that is intended to give the other party an opportunity to challenge the move.... Read More