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Roger, Attorney
Category: Family Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter lives with her mom and she is a RN in the state

Customer Question

My daughter lives with her mom and she is a RN in the state of Texas. She leaves my daughter in daycare 14 hours a day 6 days a week. She is not enrolling her in pre-k this year and I have her already approved to attend in our school district. My new wife can take her and pick her up with our other children and she would never have to be in daycare. My ex wife refused to allow her to live with us and attend school. What legal right do I have to get custody of her? Or is this not considered neglect?
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist. In situations where one parent seeks a modification of custody, the requesting parent must show that a material change has occurred, and that change is not in the best interest of the child, and therefore, the court should order a change in the custody order. In this case, the fact that the mother is leaving the child at a daycare for more than half of every day, nearly every day, would certainly be a valid reason to ask the court to change its order and grant you custody if you can show that you can provide better, keep the child with you more, etc.
Expert:  Roger replied 2 years ago.
Her placement of the child in daycare isn't likely child abuse or neglect......but it certainly isn't the most ideal situation for the child.
Expert:  Roger replied 2 years ago.
Thus, you should be in a good position to seek a modification based on the situation you have here.

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