Skip to main content

My 14yr old daughter wants to live with me,she went to see her mom,we are seperated.

Dayton, TX |
Filed under: Divorce Child custody

after my daughter got to her moms .mom put an order of protection on me.i will be served soon.i want her to live with me.what do i do.im 100% disabled..very low income.moms s.o. is a sex offender from s.carolina.they both sell prescription drugs.i have witnesses..to all this.

+ Read More

Attorney answers 2

Posted

You raise a couple of issues.

(1) Protective Order. If by "order of protection" you mean "Protective Order", she will have to articulate specific facts that give rise to a risk of immediate danger. You will have to go to court to defend yourself, but if you haven't given her any reason to be afraid, she will have a hard time prevailing.

(2) Custody of Child. You need to file for divorce and ask the court to appoint you as the conservator with the exclusive right to designate the primary residence of the child; or--even better--the sole managing conservator of the child.

You will need an attorney to help you through all this. But if you are married to the mom, you may be able to get the court to order her to pay your legal bills.

Posted

Mr. Daley gives an excellent answer. You might also consider filing the motion to modify based on her living with a sex offender.

Disclaimer: This answer is intended for educational or informational purposes only and should not be construed as legal advice or creating an attorney-client relationship. Please speak to a lawyer licensed in your state for legal advice.

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

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