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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117401
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Ok, Im going through a divorce and I am 21, my husband is 33.

Customer Question

Ok, Im going through a divorce and I am 21, my husband is 33. We have been together since I was 16! We have a daughter together and he wants full custody, child support, and for her to reside with him. He has 5 other childeren that he doesnt pay child support. My baby is 8mths. What should I do?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
You should get an attorney and go to court and file for custody on your own. Generally, the Texas courts will give a child of that young age to the mother, unless the father is able to prove you are unfit. The fact he does not care for his other children would also be in your favor. You should find an attorney and seek to get custody, child support and spousal support for yourself.

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Customer: replied 8 years ago.
The fact that he had sexual relationship with me from the time I was 16 wouldnt play some part in him being unfit from the beginning! From August 11,2008 to December 12,2008 I went to the Police Academy. I am now certified. He couldn't help me pay for daycare so then he voluntarily kept the baby so that I could finish. He feels like cause he filed for divorce and petitioned for custody, that that makes him the managing conservator of my child. I frequently visited her day by day and had her for every holiday and weekend. He really didnt have to do too much of nothing! He was never home! His girlfriend took care of my baby. I had no idea that she was doing this, he had me under the impression that my child was in a home facility being taken care of by a credible woman who ode him a favor. This went on not even 2 months. I go and get my child and he tells me that if i dont bring her back that he was going to call the police on me for kidnapping. So, I get home and he asks me to agree on 2 weeks and I told him no. He threatens me with kidnapping after voluntarily giving me my child and he knew once I graduated that I was coming to get her and then he tells me how long I can keep her. Wait, his sister is his lawyer! Do I have a good case and what evidence do I need to support having my daughter in my custody verses him! He filed on me does this mean I will have to pay his attorney's fees?
Expert:  Law Educator, Esq. replied 8 years ago.
Without a court order of custody, if you failed to bring the child back it is not kidnapping, since both parents have equal rights to their child. Also, just because you used him for child care does not mean he has primary rights to custody. You still have a case for your own custody. Also, you will not have to pay his attorney's fees he will pay his own and you need to hire your own attorney as well. Also, you do need to be extra cautious if you are a police officer because you do not want to get him to the point where he goes to IAD to make complaints against you and causes you trouble at work.

All you need to do is prove the relationship you have with your daughter, the fact that you can provide a good home and living environment and can support her. The courts favor joint/shared custody if they believe the parents can get along together to handle the arrangement. If not, generally, the courts still lean towards giving custody to the mother and especially so with a daughter.

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