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Evaluating Child Custody Concerns Amid Partner's Criminal Background. What are the best steps to take ?

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Location: Tyler  |  Law type: Child & family lawyers
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My ex husband is going for full custody of our 3 girls (18 months, 5 and  7) I’m the primary parent right now I provide them with housing food clothes take them to school pick them up from  school etc.. all because he doesn’t know the background information or anything at all about my boyfriends criminal background (he’s on deferred probation gets off in June AND got SOLE CUSTODY of his kids AFTER his charge!!) my girls are already so attached to my boyfriend that I don’t wanna rip him away from them now. My boyfriend is by NO means dangerous, a threat to ANY of our lives or health we all feel absolutely completely comfortable being with him! He’d never ever hurt any of us and I know that he’s never been anything less than a loving caring sweet gentleman! I just wanna know if my ex husband COULD get custody especially when he doesn’t even have his own vehicle (he has to borrow one to pick them up) and then he also lives in a SINGLE room house where he sleeps in the same bed with all 3 of our girls! The girls have their own room here at my house I have my own car! Our girls already have extreme separation anxiety especially the baby she’s gotten significantly worse in the span of this whole process and she still needs to know her momma is gonna be there she screams and cries bloody murder when I leave for work and it absolutely breaks my heart because I tell her that I’ll always be back in a little while but she doesn’t understand that yet she just sees me leaving and it’s traumatizing to her!

Commonly posted questions...

Family law - I am trying to get visitation with my son in Illinois
1 year 1 month ago, Child & family lawyers, Illinois

Legal Solution

The response provided below is specific to Child & family lawyers in the jurisdiction of Tyler. If the response is inadequate, please submit a detailed inquiry.

Evaluating Child Custody Concerns Amid Partner's Criminal Background

Analyzing your situation, it's evident that the primary concern revolves around your ex-husband's pursuit of full custody of your three daughters. This is in light of your current boyfriend's past, which seems to have created a sense of doubt. However, several factors, such as your ex-husband's living conditions and your current provision as the primary caregiver, are essential.

  1. Relevant Statutes and Resources:

    • Texas Family Code §153.131 - Best Interest of the Child
    • Texas Family Code §153.134 - Order for Joint Managing Conservatorship
    • Texas Family Code §153.076 - Access to Information
    • For a comprehensive overview of child custody laws in Texas, you may refer to the official Texas government website.
  2. Potential Solutions:

    • Documentation: Keep records of everything that demonstrates your stable environment for your children, such as housing receipts, school documentation, medical records, etc.
    • Character References: Gather references from people who can vouch for your boyfriend's character and his positive relationship with your children.
    • Consultation: Consult with a child custody attorney to better understand how your boyfriend's criminal background might impact the case and strategies to counteract any negative perceptions.
    • Mediation: Consider arbitration and mediation attorneys to find a mutual agreement with your ex-husband without going through a lengthy court battle.
  3. Pricing for Legal Services in Tyler:

    Service Average Cost
    Initial Consultation with Family Lawyers $250-$500
    Representation in Court $2,000-$5,000
    Mediation Session $1,000-$3,000
    Document Review and Preparation $500-$1,500

    Please note: These are estimated figures and can vary significantly based on the complexity of the case, the attorney's experience, and other factors.

  4. Seeking Further Information: To offer you the best advice and guidance, I'd appreciate further clarification on certain aspects. Moreover, to ensure you have the best representation, you might want to compare lawyers in your area.

  5. Questions to Consider:

    • How long has your boyfriend been living with you and the children?
    • Are there any documented incidents or issues related to your boyfriend's past that might be presented in court?
    • Have there been any past allegations or concerns regarding your ex-husband's living situation with the children?

Q1: How does the court determine the best interest of the child in Tyler, Texas?

The court evaluates several factors, including the emotional and physical needs of the child, the ability of the parents to provide a stable environment, any history of violence or neglect, and the expressed wishes of the child if they're of sufficient age and maturity.

Q2: Can a parent's new partner's criminal background be a decisive factor in child custody decisions?

Yes, a new partner's criminal history can be considered, especially if the court deems that the individual might pose a risk to the child's well-being. However, it's evaluated in the broader context of the child's best interests.

Q3: What can I do if I believe my ex-husband's living conditions are not suitable for our children?

You can file a motion with the court presenting evidence of the unsuitable conditions. The court might then order a home evaluation or ask for testimonies to assess the situation.

Q4: How can I protect my rights as the primary caregiver in a custody battle?

Engage a family lawyer who specializes in custody cases. They can guide you on gathering evidence, presenting your case, and navigating the legal intricacies to uphold your rights.

Q5: Can mediation be a viable option instead of court litigation in custody cases?

Yes, mediation can be an effective way for parents to come to an agreement without a protracted court battle. It's often less adversarial and can be more focused on finding a solution that works best for the child involved.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Evaluating Child Custody Concerns Amid Partner's Criminal Background. What are the best steps to take ?" has been changed 1 year 6 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Tyler & area of law: Child & family lawyers.
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