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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2642
Experience:  associate attorney
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My common law ex husband and I have 4 children. currently we

Customer Question

My common law ex husband and I have 4 children. currently we are both disabled him by and accident and me by mental illness. my condition is stable and i am under care. he is currently living in texas with our boys we are separated and divorcing. i am in indiana looking for a way to make more income to move there to be with my kids ages 17,15,4,2.5 . i am on ssi and just started pying 200$ in child support per month more if i can make an income. he is applying for social services help and said that the texas courts or social services want to give him full custody and know all the personal details of our life before they will help him. we are amicable and in agreement that we will do what is best for the kids not our own interests, but he is not always clear with me on information and I feel very vulnerable. i have tried legail aid here in indiana with no luck. our informal hearing is monday. i am worried about the courts taking away my rights to my children. can you advise me on what information i have to tell the authorities and what right i have to retain joint custody? thank you!
Submitted: 5 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 5 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. In Texas, there is a presumption that parents should be named as joint managing conservators (JMC). In a JMC both parties share the rights and duties of a parent. Even in this situation, the exclusive right to make certain decisions may be awarded to one parent only. Remember, the court uses the legal standard of "what is in the best interests of the child.There are a number of reasons why a court could grant one parent an sole managing conservatorship(SMC). Perhaps one parent doesn't want joint managing conservatorship (custody) responsibilities. Other reasons include:(1) The other parent has a history of family violence or neglect;(2) The other parent has a history of drugs, alcohol or other criminal activity;(3) The other parent has been absent from the child's life;(4) There is a history of extreme conflict between the parents over educational; medical and religious values. The best interests of the child are most important to the court so you need to show that you do not exhibit 1-4. It will help if your ex asks for joint custody. If your mental issues are a huge issue then it will help to have an affidavit from your treating physician that you are stable and are keeping up with your treatment and want to be a part of the children's life. Again default is for joint custody and it would have to be shown otherwise in order to grant sole custody. If your husband is agreeable you could always agree to joint custody.Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site
Customer: replied 5 months ago.
This is information I already found on googling Texas child custody. Is there anything else you can add to make this worth my money?
Expert:  Christopher B, Esq. replied 5 months ago.
Is your ex agreeable to joint custody? Do you have a history of 1-4? Do you have a stable home environment?