QUESTION
If the father remarries and has a child on the way, what are the chances of a judge modifying the child possession agreement to split custody?
Asked on Mar 27th, 2018 on Child Custody - Texas
More details to this question:
Since the original agreement was established, the father has remarried and now has a child on the way. The mother and father of the child work together for extracurricular activities, grade support, and educational development. The moth and father live 20 minutes apart, the child is 9 years old, and the father works down the street from the child’s school. The father is planning to begin this conversation with the mother in the next month or so, with plans to amend the custody agreement in the next 1.5 years once his baby turns one year old. If the custodial parent (mother) does not agree to an amendment, what are the chances a judge in Montgomery County, Texas will consider all children’s best interest and award split custody to the father?
1 ANSWER
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Stephanie E. Emanuel, Esq.
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Michelle, thank you for posting an explicit situation. If the custodial parent does not agree to amend the current custody agreement, than she will need to prevent evidence as to why she is contesting. If the father requesting more parenting time, the court might grant that unless the mother can demonstrate that this would not be in the good benefit of the child. Your relationship to the child was not clear, which I don't think is relevant either. Anyhow, for what purpose will the father request changes in the custody arrangement and what new circumstances exists at that time will also play a factor. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.
Answered on Mar 27th, 2018 at 10:42 AM