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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8154
Experience:  since 1983
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My boyfriend is separated and lives with me. He has a 7yr ...

Customer Question

My boyfriend is separated and lives with me. He has a 7yr old daughter. His wife is a drug and alcohol user, a topless dancer, lives with her parents, leaves their daughter for days at a time with other people and has multiple felonies. Her oldest daughter is sleeping with boys in her house, drinking and partying. Her last sitter was unable to find her at the end of her stay, so he picked her up and decided not to return her. There is no custody in place. We are frantically trying to locate a 3bdrm home this weekend and secure custody. He has had stable work for the past 4 years in construction with decent income. We are sleeping in separate rooms until we can figure out what is in her best interest. She just knows that I am kind to her and that I''m his best friend. I have a corporate job making good money, no felonies, can work from home frequently and can come and go as needed. What are his chances? What do we do next? If she knows I am his girlfriend, will he lose custody?
Submitted: 6 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 6 years ago.
He would not automatically lose custody for having or even living with a girlfriend but it could complicate matters depending on what State you live in. If he is still married he should file for dissolution and temporary custody. Where are you?
Customer: replied 6 years ago.
Reply to N Cal Attorney's Post: Texas
Expert:  N Cal Attorney replied 6 years ago.
http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.001.00.000006.00.htm#6.003.00 has the Texas divorce statutes.

§ 6.001. INSUPPORTABILITY. On the petition of either
party to a marriage, the court may grant a divorce without regard to
fault if the marriage has become insupportable because of discord
or conflict of personalities that destroys the legitimate ends of
the marital relationship and prevents any reasonable expectation of
reconciliation.
6.001 appears to allow him to file for divorce, but 6.003 might be relevant to give her grounds to file. Even though 6.003 lists adultery as grounds for divorce it does not say anything about how that might affect custody orders. In deciding custody, the court will try to determine what is in the child's best interest.
You should definitely speak with a family law attorney in Texas. See http://lawyers.justia.com/practice/family-law/state/texas/

I hope this information is helpful.

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