How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21473
Experience:  General practice of law with emphasis in family law.
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

We are having a contested custody and my husband is asking

Customer Question

We are having a contested custody and my husband is asking for 'sole conservator'
of my daughter for deciding residency and school 'anywhere in texas'.

I do not have a job now. If the court appoints him the 'sole conservator',
1)Can he change her school in mid-school year and change her
residence as and when he wants ?
2)If he changes her residency to a different town in texas, will I have to go
too, because I have my child 40% Or 50% or 60% of the time and because I do not have a job ?
3) If he changes her residency to a different town in texas, but if I have a job
elsewhere, do I still have to move to the town he choses ?
4)My husband has been 'very controlling' since we got married. I want to end the
marraige because I am having anxiety with his control.After divorce, my child being
with me 50% of time and 50% with my husband is causing more anxiety as he seems to
disagree to almost everything. What can I ask the judge that can minimize/stop his
control over me including medical and other issues related to our child ?

Thanks!
MC
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Hi

 

1 - If he becomes sole conservator, that only pertains to her physical custody. You need to then request joint "legal" conservatorship. That will allow you to have a say in where she goes to school, medical decisions, etc.

 

2- You need to have it stipulated, if he is granted sole custody, that he must live within a certain radius of your residence and that he cannot move out of state, etc. He can be restricted as to where he moves.

 

As I stated, you can request joint legal conservatorship, as well as joint physical conservatorship. This will allow equal parenting time and also give you authority in decisions concerning your daughter

 

 

 

 

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21473
Experience: General practice of law with emphasis in family law.
Samuel II and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I am in the middle of 'discovery requests/responses' a court date is set for Nov 1.2010

Can my husband set a date before that ? What are the key things I need in the court to request for sufficient spousal/child support - I do not have a job.

Expert:  Samuel II replied 3 years ago.

Hi

 

He can request a sooner court date, but you can oppose it on grounds of needing time to prepare. A court will not move the date up without it being an emergency situation. So I don't believe you need to be concerned with that.

 

Child support is based on guidelines and each of you will need to fill in the child support financial statement. You can review sample here. as well as the TX law on child support at 154.121, et seq

 

As to spousal support that is based on the number of years you have been married, why you have not been employed, if you have skills, education, experience in the work place. Temporary support can be issued, if you can show that you were a stay at home Mom at his request and that you need training/school, etc to help you obtain what is necessary to be employed

 

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney