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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117433
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am a mom of 2 children and have asked for a divorce. Since

Customer Question

I am a mom of 2 young children and have asked for a divorce. Since my father-in-law is a co-signer on the house we own, I am moving into my parents house for a few months until I can move into my own apartment. All of this to say we have worked out a custody arrangement that begins this Sunday (the day I am moving out). For the first 2 days that I am moved out of the house I will not have my children, and I am trying to see if it will reflect badly on me in future child custody arrangements if we end up needing to go before a judge.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Not yet, I agreed to a trial separation for a few weeks.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe that's all for now.
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It will NOT reflect badly on you to let him have the children for the first two days. HOWEVER, you need to put your custody agreement IN WRITING and both of you need to sign it, so that he later cannot make up lies about you abandoning the children. Many times parents think they can have verbal agreements, but later when the case gets to court the other spouse makes up lies or changes the terms of the agreement and if there is no writing to say exactly what the agreement was the court cannot help.
So, your agreement on your custody sharing arrangement and visitation and support needs to be in writing BEFORE you leave and do anything. It also needs to reflect that in the best interests of the children you both agree that he will have them the first 2 days to allow you to move and get settled with your things and their things, which shows this was an intentional move for the best interests of the children and shows no intent to abandon them.
The agreement also needs to specify who has the children on what days and how and when and where they will be exchanged and any other terms the two of you agree upon.

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