Skip to main content

Are there any attorney's that actually believe that a father can get custody of an 8 month child?

Cypress, TX |

I filed divorce and despite proving domestic violence on her part, and several other issues, my wife was awarded primary custody with me having the SPO after the temporary orders. I'm confused because I had the child for 50 days before hand, and the band aid orders where for 50/50 with her having supervised visits. Now, I only see my son 4 to 6 days a month? Can't I get one attorney to be honest with me?

+ Read More

Attorney answers 4


I'm startled at the outcome you describe. Did you have a good and well-prepared attorney who you paid well? Are there other factors/issues that you haven't listed.

In general, an 8-month old should be seeing both parents several times per week. If there is a breast feeding issue, then that is a reason a Court might want to place the child primarily with the mother.

Regarding family violence, did you get an actual, written finding that the mother had committed FV against you? If so, you presumptively should be the SMC and she should have limited or supervised visits.

This information is not legal advice and does not form an attorney-client relationship.



She was actually arrested for it. The DA dismissed it saying it would be hard to prove even thought there were pictures and actual text messages from her apologizing for it.



Do I have to sign the temporary orders?

Brian Douglas Walters

Brian Douglas Walters


Being arrested is not the same as a written finding by the Judge that she committed FV against you. You did not answer that question, so I assume that means "no". The Temporary Orders are for the Judge to sign, since the are Orders. You also didn't answer my question about having a good lawyer. I assume you did not. If you want custody of your son, get a good custody lawyer. Otherwise, forget it.


Sounds like you are in either the 311th or 246th. Having the baby for 50 days when the other side did not agree means nothing. You should pay Jury fee and take the decision away from judge


Yes, and the facts as you presented them, make a strong case for you, please chat with local counsel on Monday, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


If you are in Harris County, right now, your visitation can vary dramatically depending on the judge you are before.

If you read Mike Busby's answer, you got a very good idea of how 2 Harris county judges normally rule. In another court, one judge in temporary orders did a 50/50 split of a 10 day old baby.

In Harris County, I see lots of dads get custody. In depends on (1) the facts in the case (2) how the parties presented in front of the judge (3) the judge you were in front of (4) the attorney you hired and (5) luck.

Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer