I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
Custody can always be changed when there has been a material change in circumstances. If the primary caregiver of your son is his stepmother, and she is no longer living with the father, that is a material change. The fact that you've gotten your life back on track is also considered a material change. Show the judge all the things you've done in the past two years to help make you the best parent for your son. If he's living with his stepmother instead of his father, that will also help your case because she is not related to him by blood or adoption.
Once you've shown the change in circumstances, the judge is going to look at several factors to decide what is in the best interests of the child. These factors were set both by the Texas Supreme Court in Holley v. Adams, and they include, but are not limited to:
(1) the desires of the child;
(2) the emotional and physical needs of the child now and in the future;
(3) any emotional or physical danger to the child now or in the future;
(4) the parental abilities of the individuals seeking custody;
(5) the programs available to assist these individuals to promote the best interest of the child;
(6) the plans for the child by these individuals or by the agency seeking custody;
(7) the stability of the home or proposed placement;
(8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one;
(9) any excuse for the acts or omissions of the parent.
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