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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99459
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I recently was contacted by my ex-husband, who is the primary

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I recently was contacted by my ex-husband, who is the primary custodian of our 10 year old son, and he informed me he his now getting divorced from his current wife. About 7 years ago, he cheated on me and left me in the dust basically which is why he has our son, it was the best situation for him to be in at the time, and he is now doing the same thing to his current wife but wants to leave my son in her care. I don't like the situation he is trying to put our son in at all and if it wasn't for me still being 'alive' it would have happened already. I would like to get my son back and be primary custodian over him, I don't want to take his father's rights away completley. How do I go about getting this done with out it costing too much?

Sharli W.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. What state does he live in? What state do you live in?
Customer: replied 5 years ago.
He lives in Texas and I am in Louisiana
Thank you.

The legal situation here is this. In Texas, even if the woman is not related to him, if he has lived together with her for 6+ months, she can petition for custody for him, per Tex. Fam. Code §102.003.

So she does have the right to do so, if she wants. If she does, she would have to serve you and you would have the right to respond. What you would have to do in this case is to file an answer and counter-petition to request custody yourself.

The Court decides on custody based on the rule of thumb of "best interest of the child.” Factors considered are custodian stability, financial resources, and other relevant factors. Texas Code - Family Code - Chapters: 5-153.004-153.434 et seq.

If she does not file a claim but simply "keeps" the child, then you can initiate it. The petition would be called a SAPCR - Suit Affecting Parent Child Relationship - if she filed it, but if you file it, then it would be a modification of the original divorce decree under the old cause number.

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