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TX child custody laws, procedure for seeking primary custody
Austin, TX
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Posted about 1 year ago in Child Custody
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would this likely cause a judge to give me primary custody.:
Living in Texas. My divorce became final last July. I am keeping the house. My ex-wife, according to the terms, is permitted to stay in the house until no later than next January 1 and I do not have to pay child support until January 1. She has primary custody of our two children, ages 7 and 4.
She just informed me that she plans to move out Octoberr 1st and that she plays to leave the children with me until at least around January 1. If I inform her that, because she has custody, the children will have to got with her. Would her leaving them be likely view as 'abandonment' by the court? If she leaves them with me without my approval, can I go to court and have a good chance of a judge awarding me primary custody based on her having left them with me against my will?
Additional information
Apparently, I did a poor job of phrasing my original question. I want to keep my children during this 3 month period their mother is deserting them and forever. My logic in saying no and then keeping them when her mother deserts them, would be to show the court that she deserted them and left them with me without my approval. It seems to me that if I agree willingly keep them, I would have no case if I went to a judge and asked for custody. He/she would just say 'you agreed to keep them so she would not have to, so you have no case'. My real question is this: How can I use her deserting them for 3 months to take her to court to try and get custody? Answers (1)
John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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Your going to tell the judge you don't want the children but your wife abandonned them at your home so you want primary custody? Think about it. The standard is what's in the best interest of the children. Why would a court give cutody of them to someone who doesn't want them?
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