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Can I get sole child custody without filing for divorce if kids are staying with me.

Fort Worth, TX |

My 12 years old daughter and I are US resident and my husband is in India.I want to get sole custody for my daughter>Is it possible?

Attorney Answers 5

Posted

It is possible but the courts tend to favor what's called joint managing conservatorship. You would need to consult with an attorney to discuss your issue

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Posted

Getting sole custody requires a court order. You may file a suit affecting parent child relationship without filing for divorce. Call a lawyer and get some help.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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Posted

It is wise to consult a local family law attorney to help advise you in this matter.

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Posted

It should be. You will need to file for Divorce in Tarrant County, and get your husband served with the papers (that is difficult, but not impossible). Then you need to set a hearing and get a Judge to appoint you as Sole Managing Conservator of your daughter. This won't be as easy as it sounds, especially if there are legal proceedings involving your marriage or daughter in India.

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

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Posted

Short answer is no. Custody or conservatorship is court ordered. So you would have to file for divorce to do so. Once you file the court presumes that two married people should be joint managing conservators with one party having the right to determine domicile. To become sole managing conservator you'd need to show reasons why it wouldn't be in the kids best interest for your husband to be a joint managing conservator.

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