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If my son in law has had three convictions for domestic abuse, and my daughters record is clear, and she's working and doing

Tyler, TX |
Filed under: Divorce

well, would he be able to get custody away from her?

Attorney Answers 1


Not likely. Unless she has a record with CPS which is REALLY bad, it is not likely that a court would take her children from her and place them with him. Assuming that they are living together, tell her not to move out & leave the children with him, though. She should cause him to move out if she wants their living location (assuming she wants the divorce) and if he does not agree then she can file for divorce with temporary orders granting her exclusive use of the home. (If she does not want to stay there, then she can move out but make sure she takes the children with her. She does not want him to make a claim that she abandoned them.)

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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Thank you so much for answering my question. They are seperated. He's in Iraq but lives in Texas, she lives in Wash. State. He's filed for sole custody but say's if she'll bring the child to Texas for him to visit while he's on furlough, then he'll drop the custody suit. But she has no money for an attorney and if she does'nt try the visit then she wont be able to even get to Texas for the trial and will lose by not appearing to contest. He's buying the tickets for them to come to Texas for the visit, though, by the way.

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