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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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In 2010 my visitation son was amended, giving me 50/50

Customer Question

In 2010 my visitation for my son was amended, giving me 50/50 custody. My son is with me monday-thursday and has been registered in school at my address. He is restricted to the domicile in which he goes to school, yet his mother drives 45 minutes on mondays
and fridays to be bring him to school. There are times when she can not pick him up and will send a neighbor or family family to pick him up from school on thursdays. My question is can i attempt to get my son Sunday-Friday so that distance is no longer a
factor? Mom is the custodial parent and has never made an attempt to move closer. My son also has asthma, allergic to cats and cigarettes. Unfortunately, this is taken as serious at his mothers place. Grandpa will go outside to smoke, smoke in vehicles and
mom claims she doesn't smoke anymore. My son gets semi-annual check ups with his specialist and his symptoms never seem to go away. Just recently the doctor assumed that my son was sick because he breathing test was lower than march 2015. The sad thing is
in March he was a bit sick and wheezing so he had a reason to have lower levels. My wife takes him to all medical appointments, gets all prescriptions and is a full time stay at home mom. Would i have a chance in becoming the custodial parent?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
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.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.
If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.
Thank you
Customer: replied 1 year ago.
What if the child is stuck between parents? Mom has always told him that she has nobody but him. He feels obligated to be with her.
Expert:  Samuel II replied 1 year ago.
You will know what is best then. You don't have to make the request, it is just an option open for you. But yes, once you file the Modification, the Mother may make the request. If the court hears from the child and sees he is torn, the court will make the best interest decision and more than likely will keep the custody the way it is.