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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I have joint legal custody of my 10 year old son. I am 33 my

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I have joint legal custody of my 10 year old son. I am 33 my son's father is 55. Can I file for sole custody since his dad has had 3 strokes and is in very poor health. He has to have 24 hour care he does not drive and I have not spoken to him in several months. I speak with his son when my son goes to visit. I live in Texas and He lives in New Mexico. He cannot drive and has 24 hour care and lives with his son, and they have power of attorney. he has violent outbursts and my son was witness to one last time he went to visit. Can I file for sole custody? since he is in poor health.
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

I see that your question has been on the board for some time. Probably the reason is that you are wanting us to give you an answer that we cannot. Each parent has a Constitution right according to the Supreme Court to have a relationship with their biological child. A judge will look upon your request as trying to deprive a dying ( I assume) man his last days with his child. The fact that he cannot drive and needs 24 hour care actually hurts your case in my opinion. Poor health does not equal a substantial change in circumstances sufficient for you to be able to convince a judge that you should have sole custody. Sorry but I have to give you my honest legal opinion.
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