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My husband asked to be primary conservator and he has not

Customer Question
been there for the kids...
My husband asked to be primary conservator and he has not been there for the kids for the past 3 years, he abandoned the family. I have been the primary caregiver for the kids in the past 3 years. our case was assigned to a amicus attorney becuas and yesterday we went to hear her recommendation and her recommendation was that my husband to have primary custody because he has a great support system. I live in Texas he lives in Oklahoma. What can I do
Submitted: 2 years ago.Category: Family Law
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8/8/2015
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,829
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Hello. I'll be happy to assist you.

Was the original child custody case filed in Texas or OK?

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Customer reply replied 2 years ago
Texas case # *****
Customer reply replied 2 years ago
Collin county
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

The best thing you can do is file a motion to modify the custody order. In it, you can seek to be officially named the primary conservator, largely based on the fact that he's abandoned the child. What the amicus attorney is not binding on the judge, so I wouldn't worry too much about what he says.

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Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

When determining child custody, the judge will look at a number of factors to determine what's in the best interest of the child. Those factors are as follows:

  1. the desires of the child
  2. the emotional and physical needs of the child now and in the future
  3. the emotional and physical danger to the child now and in the future
  4. the parenting abilities of the individuals seeking custody
  5. the programs available to assist those 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 which 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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Customer reply replied 2 years ago
Well. I am at work now and I cannot talk on the phone. The thing is I have the custody for the children, amicus was a court appointed attorney and her recommedation was that the kids go to Oklahoma before school year begins we have a status hearing on Thursday 13th
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

You need to hire an attorney ASAP and be prepared to rebut what the amicus attorney is saying, considering the above listed factors. Clearly, there was some misunderstanding with the amicus attorney, or I don't have all the facts, because it would be very rare for custody to go to a parent who hasn't seen their children in 3 years.

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Customer reply replied 2 years ago
According to Amicus the dad has great support system than I do.
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

They key thing here is that you are prepared to fight this on Thursday. I'd suggest you start calling lawyers in your area the first thing on Monday morning.

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Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

I get that, and it may be true, but if I was representing you, I'd make a lot of headway with the fact that he's abandoned the kids for 3 years. If he did it once, he may do it again. But, ultimately, this all comes down to a judge and what he/she thinks. What I think or an amicus attorney thinks aren't what really matters.

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Customer reply replied 2 years ago
I have a lawyer that I really want to work with and she is on vacation till 15th so the earliest I can hire her is in 17th. I have already talked to her on the fees and cost. I have also seen in the court room. What can I do on the 13th though. I was thinking of filling a motion to continue in the basis that I do not have a lawyer, the other party have not release any documents I requested on this case. i.e tax return, lease, and so on
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

That is not a bad idea, but you may need to hire a lawyer for just this hearing if it doesn't get granted. Your timeline is just so short here and the stakes are very high.

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Customer reply replied 2 years ago
can I file a suit against Amicus.
Customer reply replied 2 years ago
What can I file against Amicus
Customer reply replied 2 years ago
well hiring an attorney just for this hearing is money that I do not have. I have talked to different attorneys and their retainer is too much.
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

You can't file against the amicus. He/she hasn't broken any laws, even if you don't agree with their recommendation. If you can't hire an attorney now, you will have to file your own motion for continuance to give you time to prepare until your attorney gets back. Really, your attorney should do that or have someone on their staff do it.

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Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

I hope that answers your questions. If not, fee free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.

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Customer reply replied 2 years ago
one thing where can I find info on filling motion for continues
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

You can use this as a template. http://www.lanwt.org/txaccess/forms/mocon.pdf

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Customer reply replied 2 years ago
If Motion is not granted. What are the major points that I should tell the judge so that she can here my side
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

I can give you a few pointers, but you are really in the best position to know that since you know what's going on with your ex, your kids, etc. The judge will be looking at the factors I listed above. You should go through each of them and make a list of things about your or your ex that support you getting the kids as it relates to each factor. The judge will know them as the Holley factors (named after the case that set up the factors). The fact that he abandoned the kids for 3 years is obviously your strongest point, based on what I know.

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Customer reply replied 2 years ago
while filing the motion could I request the judge to meet the kids so as to hear the kids point of view. The eldest is 11 and the youngest is 5
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

The judge should give them an opportunity to speak in court. If he doesn't ask, you need to be sure to tell him they'd like to speak.

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Customer reply replied 2 years ago
should I have that in the motion. that If motion is not granted to have the judge meet the kids
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

You don't need to put that in a motion for continuance. The judge won't meet with the kids in his chambers, he will give them a chance to speak during the hearing.

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Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

You just need to be ready to remind him during the hearing that they'd like the chance to speak.

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Customer reply replied 2 years ago
we were not suppose to discuss any court proceeding with the kids will that violate the order
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

You can explain to them that they have the chance to speak to the judge.

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Customer reply replied 2 years ago
even with the age 11 and 5 it is okay to ask
Customer reply replied 2 years ago
them to meet the judge
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

Yes, it's OK to ask.

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Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

I hope that answers your question. If so, please remember to "rate" my answer before you go.

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Customer reply replied 2 years ago
Can I bring it up that Amicus attorney did not do her homework well, How can I make her look bad
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

Yes. If the amicus attorney is making a recommendation to the judge and you feel like he/she made some mistakes, you can question the attorney about that.

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Customer reply replied 2 years ago
can you pls give me ideas on open statement at the hearing
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

As I said earlier, I really can't tell you what to say since you know much, much more about your situation than I do and how the factors I listed apply. In other words, you are in a better position to talk about your life and the kids lives than I am.

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Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

Please remember to "rate" my answer (that's how I get credit for my work).

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Customer reply replied 2 years ago
How to a file a formal discovering process
Customer reply replied 2 years ago
Please may I instruction to a link on that.
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago

http://evidence.uslegal.com/discovery/texas-discovery-law/

This link does a good job describing all of the discovery methods and the process. I will have to ask that you "rate" my answer before we continue, though. This is getting well outside the scope of your original question.

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Chris T., JD
Chris T., JD
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Satisfied Customers: 4,829
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