We recently got married because he joint the service and I’m not happy at all. Our oldest is 4 youngest is 2. He never supported them and just recently started being active in their life ( when I say active I mean because we are married. He doesn’t do anything with them). Could he get joint custody?
I have moved your question from "Estate Planning" to "Family" to allow eyes that would be more familiar with how they have seen courts handle these circumstances would respond.
Generally speaking though, if your husband is the father of the children the court will tend to favor joint custody of the children. It is possible to have and show evidence to the court that would convince the court that joint custody is not in the best interest of the child and it would be better for you to have sole custody. However, often what people think might stand as "proof" that joint custody is not appropriate does not rise to the level that is necessary for a court to grant sole custody.
You should consult with a local family law attorney who will better be able to provide guidance about whether the court might grant you sole custody.
Nothing in this response is intended as legal advice. You should always contact an attorney directly to fully discuss your situation.
Almost all parents in Texas who divorce are name joint managing conservators of the children. One parent may be granted the right to designate where the children live -- their primary residence, and may have more significant decision making rights, but the law of Texas presumes that both parents should be appointed joint managing conservators unless that parent poses a significant danger to the children. Dad will have a lot of the same rights and duties as mom. Joint custody does not mean that each parent has equal time with the children. The parent who does not have the right to designate the primary residence of the children will have a possession schedule. The law provides the schedule as well. Most parents use the Standard Possession Order as a starting point and as a fall back if they cannot mutually agree on the times each parent will have possession of the children.
While I appreciate the opportunity to weigh in on your question, I am not your attorney. I recommend that you consult with an attorney in your county to get advice specifically tailored to your circumstances.
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