Who has won custody of their child

[SEB]

Well things are heating up between my daughters mother & I, Long andshort of it is. She has told me she wants to live with me & and be with her baby brother. But she is only 8 years old and not sure if she really gets to have a say at this age on who she wants to live with. But their are also other intriquing factors to also gaining custody of my daughter. One is she moved my daughter and her son to Edgewood and moved in with a man she has been dating since October of last year. Other is her room is a curtain between to doors that open to the house. She use's his daughters room most of the time. Another factor is and I know I will catch some shit over this. But this guy has two HUGE Pit Bulls and I just worry. They seem like friendly dogs. But the damage they can do to a child at her age weighs in the back of my mind. Another factor is the house she is living in is in a dirty area. I mean old trailers & just white trash. 3 miles of the road to get to this guys house is the worst road you could imagine. I mean nothing but pot holes from HELL. You couldn't pay me to live off this road. She sits in Daycare everyday till 6 at night. I know most of my complaints warrant no concern. My biggest complaint is my daughters and what fuels me to fight this fight. Do I have any ground to fight on and has anyone won custody of their child at the age of 8 from the mother
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[mstng86]

If you feel she is living in poor conditions and you can provide better, fight for her as much as you can. I couldn't stand to watch my kids live in bad conditions if I had the power to help them.

[OrangeChevyII]

I do.

[SEB]

I do.

You mean I DID!

Was it a expensive process? What can I expect

[OrangeChevyII]

My brother in law is an attorney. Signed a few papers, paid some court cost (200) and done. She didn't even (mom) have to appear in court. Took a few weeks to process it all, April 11th will be a year.

[mustang_revival]

Can you work out a joint custody/visitation you are happy with? (Both sides compromise)

-Up hill battle for dads
-I'm out about $4500.00 over the last year with a non-complicated case that never went to trial.
-Be prepared for your ex to bring up EVERYTHING negative or even remotely negative the entire time she knew you.
-Be clean.
-Don't drink or if you do only smartly when you don't have the child in your care.
-Don't put anything on social media.
-Don't say anything bad about the other parent.
-Take a class on parenting. They are online and STEP programs are observed in Dallas Co courts, keep your prrof of taking them.
-Make your concerns about how they are affecting the child only, with proof.
-Be prepared for all bad traits to be brought up and a defence for them.

PM me if you would like to talk, I can give more info and what I learned going through the process.

Fortunetly for me, my ex has gotten her stuff together with a new family and everything so I didn't have to fight for 100%.

[Denny]

I did.

Ammons Leland & Associates
1016 N Bishop Ave, Dallas, TX 75208
(214) 942-4357

[black50]

I did...and I was like you..I wanted to bring up all kinds of shit that would make her look terrible and her living conditions...and he said NO NO NO

He told me, Its not about trying to make them look bad, its about trying to make you look good

I used Ulis Whitecotton in Ft Worth...He knows so many people and is probably considered one of the best divorce attorneys in Tarrant county

[SEB]

I did...and I was like you..I wanted to bring up all kinds of shit that would make her look terrible and her living conditions...and he said NO NO NO

He told me, Its not about trying to make them look bad, its about trying to make you look good

Got it! Well im prepared to spend the money to retain a attorney. I signed the waiver to move to this process so she didn't have to have me served. I don't want to sign the papers she has drawn up which are reasonable. But the fact that my daughter has said she would rather live with me & her brother is the reason im not signing the papers

[diablo rojo]

I have had sole custody of my daughter since she was 6 weeks old. She's 15 now.

Feel free to ask questions, or PM me.

Sent from my SGH-M919 using Tapatalk

[aggie97]

Being the devil's advocate here but your wife left you to go live in a trashy area with a loser. Was life at home bad? If so, she will bring ALL that dirty laundry out into the open.

My guess is she is a worthless and pitiful excuse for a mother but in the court's eye, that doesn't matter. They want 50/50 split of assets and visitation. You are to figure out the rest. Unless there have been CPS issues documented, you are looking at a SERIOUSLY bumpy and costly road.

Good luck!

[racrguy]

PM sent.

[cobrajet69]

SEB, I got custody of my daughter but only after CPS was called twice, both by police officers.

My first attempt ended futile and EXPENSIVE!
Lots of good info in here, especially what MustangRevival said, but know this my friend, if she contests it, you'll most likely lose unless you can prove beyond the shadow of a doubt that she's an unfit mother - and that's not easy to do.

Also, your daughter wanting to come live with you has absolutely nothing to do in helping you get her. The judge can allow her to testify such but they rarely do and in most cases, it make little difference in the outcome.

Best bet for you might be to do as suggested and try for joint custody. If your atty can word it in deep legal jargon, you can have it where you enjoy managing sole conservatorship. That gives you final say in what happens to her.

As others have stated, call or shoot a pm (or f/b) if you want to discuss further.

Good luck my friend.


David

[SEB]

Ok so I take it that I have no ground to fight for daughter other then proving her as a unfit mother. Which to be honest. She is a great mother! But when my daughter tells me she wants to be with her baby brother & live here with our family to be with him. It breaks my heart everytime I have to take her home Sunday. She is upset and it breaks my heart cause its she wants to be here with us and she is bored living with her mom cause she sits at daycare till 6 Monday through Friday. She lives out in the middle of nowhere Edgewood/Wills Point Texas

[Chili]

I did also, but my ex did not fight me. We came to our own agreement so when I filed the paperwork I did so pro-se. We did go through this with Leah's kids, and in that case it was contested, we both had attorneys, and ultimately nothing changed after a good $20k in legal expenses (combined from both sides).

First, to be clear, in Texas there are generally 2 classifications for biological parents in cases like yours: Managing Conservator and Possessory Conservator.

Managing Conservator is what most of us would equate with having "custody" and Possessory Conservator means you have access, or more commonly stated as "visitation". Possessory Conservator typically pays child support, 1/2 of out of pocket medical expenses, and must provide healthcare for the children.

Unfortunately for you, unless you can prove the mother unfit, it is extremely difficult to change from Possessory Conservator to Managing Conservator if the other parent chooses to fight it. That process is referred to as a "Modification of Parent Child Relationship".

Consult with an attorney (not all are equal, so look for personal referrals) to see what they think your chances are, given the circumstances, and go from there.