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Is Texas a 50/50 state for custody?

Killeen, TX |

I am going through a divorce. My husband text messaged me saying he didn't want his name on our daughters birth certificate. Because he's mad I put both his and mine on there. He then text messaged me saying either I sign the forms his attorney is drawing up agreeing to him having no visitation in exchange for no child support for our daughter or else he will fight for 50/50. I said I'd sign it because due to his drinking and verbal abuse I fear for our childs safety. Then when I asked him if he felt this was honestly fair he said "I don't want anything to do with it but if you contest this we'll do 50/50" I would never agree to 50/50. What are the chances he'd win? Do texts hold up in court? I have over 1,000 texts saved of him admitting to adultery, admitting his drinking problem etc.

Attorney Answers 1


  1. Get a lawyer. This guy is full of it. Texas is not usually a 50/50 state for possession of a child. If the child is young and dad is an abusive drunk, it will NOT happen. His lawyer knows better than to draw up a decree/order providing for no visitation and no child support. That dog won't hunt. The obligations are independent from each other. A Texas judge will not let him off the child support obligation. GET to a LAWYER ASAP

    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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