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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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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 ?

Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.



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





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Customer: replied 6 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 6 years ago.



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