This is Samuel and I will discuss this and provide you information in this regard
As you are probably aware, the court will rule in the best interest of the child
. And so if you file for a Modification seeking the status of custodial parent, it could be possible if you can show evidence and solid proof that the environment where the child is currently and the fact the Mother is not able to bring the child and has others to do it for her is not beneficial but even more so detrimental to the child.
You can file the Modification on your own, without a local attorney, if you want to proceed pro se
. You can get the Modification form from the clerk of the court to proceed.
Additionally, under Texas law, a child who is at least 12 years of age and has expressed to the court in chambers the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child. So if the child is of the required age, you can also request the judge speak with the child in chambers to hear preference and why so that it is taken into consideration when the decision is being made.
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