Your exactly right, here in Texas, not just Fort Worth, the presumption is that it is in the best interest of the children for the parents to have joint custody with one parent designated as the parent to decide the residence of the child. If you want to ask for sole custody, the mere fact that your ex spouse is homeless and unemployed may not be enough. However, by homeless you mean that your ex spouse cannot provide a roof over your child while the child is with him, than that may be a factor that can be presented to the judge. However, the judge will always consider the best interest of the child. Consult a local family law attorney and provide them with more specific facts of your case so that they may provide you with more specific answer. Also, if finances are a issue, consult your local legal assistance organization such as some lawyer volunteer organization to provide you with either free or reduce representation.
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