What are my odds of being granted sole custody in these circumstances?

Asked over 3 years ago - Houston, TX

The Father is married and was trying to get 50/50.. but has learned this would be a pointless battle. In the 2 months of visitation the Father is constantly late, constantly trying to reschedule or cancel just because. He has been to one Dr. appt out of 6 offered. He will not attend any visits unless his wife can come and her schedule works with it too (of his own admission) all because of a promise he made to not be alone with me. Mind you I was the one to break up with him and the visits were always in a public area.
Temp orders were just made stating that the wife would not attend the visits and because of this he has informed his atty that he will not be seeing his son for over a month now until we go to mediation. Given this & other things would I stand a chance getting sole custody?

Additional information

ETA- the wife was not to come to the visits any longer due to the fact that the baby was not bonding with the Father but only with his wife to the point that the few times the Father tried to interact with him the baby would either look away to his wife instead or would simply cry and scream. I have e-mail documentation of him willfully not seeing his son for 1 month until mediation because of his wife.

Attorney answers (2)

  1. Christopher Jay Harding

    Contributor Level 15

    Answered . Not very high... joint managing conservatorship is presumed to be in the best interest of the child. Without proof of abandonment (extended periods like 6 months of no support or visitation) or domestic violence, you will likely end up with joint managing conservatorship...

    Tx doesn't really use the term 'sole custody' so I assume you mean sole managing conservator.

    If he takes the stand and confirms everything above, you might very well get most of the rights outlined in the Texas Family Code, and essentially get what you want. You may want to continue to push that the Wife not be allowed to be part of the visitation...

    If you sit down with a family lawyer in Houston, I'm sure they can explain this in more detail and you can make sure to be in the best position by being represented.


    Disclaimer: This answer is intended for informational and educational purposes only, and should not be considered legal advice nor forming the attorney-client relationship. This attorney is licensed to practice in Texas and you should always consult an attorney in your jurisdiction before moving forward.

  2. Thomas James Daley

    Pro

    Contributor Level 18

    Answered . "Sole Custody" is not a term defined by the law in Texas and therefore if means different things to different people.

    If you are asking whether you have a chance to terminate the father's rights, the answer is NO.

    If you are asking whether you have a chance of obtaining sole managing conservatorship (SMC), the answer is PROBABLY NOT. It is very hard to get SMC from the court due to the strong statutory presumption favoring JMC (joint managing conservatorship).

    If you are asking whether you have a chance of being the joint managing conservator with the exclusive right to designate the primary residence of the child, the answer is a strong YES. Please note that even if you are designated as the primary managing conservator, based on the facts you've given, your husband will be able to get an extended standard possession order, if he knows how to ask for it.

    If you are asking that in addition to being the primary joint managing conservator you have a chance of holding the lion's share of the rights and duties exclusively, the answer is YES, if you use an attorney. Otherwise, you stand a strong chance that you will not request such relief in a fashion that the court can act upon.

    Good luck!

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