Child Custody in Texas

Updated on May 15, 2008
L.G. asks from Frisco, TX
3 answers

My husband and I are seeking divorce. I do not have a job, but will be working really soon. My husband is a dentist and is financially sound. We both love the kids very much. My husband adores them and I know he will care for them well. But I think Texas favors that mothers have custody of the kids. I will not be able to provide for them as their father would and I rather that he has full custody. Is it possible to write them over to their father?

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A.M.

answers from Dallas on

Prior to giving up custody of your children due to finances, please keep in mind that under the TX Family Code, your husband will be required to pay 25% of his income to you in child support, as well as provide insurance for the children. Of course, there is much more involved surrounding the child custody/child support issues, depending on the specific facts of your particular case.

I am a family lawyer in the Dallas area and would be happy to speak to you more in this regard if you would like. My office number is: ###-###-####.

A. McMurry

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S.R.

answers from Dallas on

in my experience, I gave up my daughter to her father because of this same situation. I did not have to have my own attorney, all we had to do was make it known in the paperwork that he would be the residental parent. Now be careful and make sure that you get what you want as far as Joint custody, medical/school and any other allowences, visitation and the such, and if you are going to pay child support, etc.
You do not need to get your own attorney either, if you do an uncontested divorce, he can file or you can and thats it. Only thing in uncontested is you have to agree on EVERYTHING, if there are any faults with anything, i mean none agreements, then you will most likey have to get your own attorney. good luck!!!

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E.T.

answers from Dallas on

you can do whatever you want... you each need your own lawyer to draw up papers that show whatever custody arrangement you want and submit it to the courts. Unless it's something really crazy, the judge isn't going to overwrite dad having primary custody. Although I would suggest that you guys have JOINT physical and legal custody with HIM being the primary conservator. Just my 2 cents.

1 mom found this helpful
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