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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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I am currently on child support 2 yr. old son. s dad is the

Customer Question

Hi my name is ***** ***** I am currently on child support for my 2 yr. old son. His dad is the custodial parent, but I want to get that reversed. I filed and when we went to court I was not in a stable place so they granted his father custody. But things are completely different now he has left his wife she always has our son, she has two other kids and is going to have a baby today by her husband. He flat out left her with her with bills and is now with another women and I have proof through messages that me and her have sent through social media. I want cutody back me and my husband are stable I have my two daughters we have out own house what would be the next step for me getting my son back ?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you consulted a lawyer yet?
Customer: No I am going this week
JA: Is there anything else the Lawyer should be aware of?
Customer: I have my son this whole week because I am helping his wife out since she is having her baby.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
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Expert:  Lucy, Esq. replied 5 months ago.

Hi,

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;
and

(9) any excuse for the acts or omissions of the parent.

Texas Law Help has forms that may help:

http://texaslawhelp.org/resource/modification-kit

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 5 months ago.

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