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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I am legally seperated and have been for almost 2 years. My

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I am legally seperated and have been for almost 2 years. My ex and I have joint legal custody of my 10 year old son. I am 33 and my ex is 58. I get alimony every month and We have joint legal custody but with my son living with me. I live in Texas and have been for the last year and a half he lives in New Mexico. His health is pretty bad now. He has had 3 strokes and needs 24 hour care. He doens't drive anymore and Does not recognize people he use to know. His son has power of attorney because of his mental health also. My son went to visit him a few weeks ago and he was violent with people around him and my son had to lock himself in a room and not open the door because his dad was being violent. I am going to file for divorce but can I get sole custody because of his health?
Hello there:

Child custody is ordered or modified based on the best interest of the child. Obviously, there is a lot of reason for concern here; I hate that a 10 year old can't see his father because of the father's medical mental health, but I'm not sure what other choice the court would have in this situation. Do what needs to be done to protect your son; the court will back you up if your request is in your son's best interest under the circumstances.


I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
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