Custody Questions

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7576pony

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I've got a couple of questions regarding my husband's custody of his two daughters, 6 & 8 years old. He feels like he got the short end of the deal in the divorce proceedings when it came to having time with his girls. His lawyer didn't fight very hard for him, and shortly after their divorce, he found out that his lawyer joined her lawyer in a partnership. Couldn't this be considered a conflict of interest?
We recently moved from the Houston area where his daughters live to El Paso for better job opportunities (financially, we were not making ends meet). Because of that, my husband's visitation rights have decreased even more (both according to the divorce decree and because of the distance). He would like to get more time with them, especially since we're living so far apart (he flies back to see them about once a month). What are the chances of him getting more time (he and his ex have joint custody, and the divorce was no fault), so that they almost share them 50/50? Also, is this something we could do through the courts where we live, or do we have to go back to where the children reside?
 
I've got a couple of questions regarding my husband's custody of his two daughters, 6 & 8 years old. He feels like he got the short end of the deal in the divorce proceedings when it came to having time with his girls. His lawyer didn't fight very hard for him, and shortly after their divorce, he found out that his lawyer joined her lawyer in a partnership. Couldn't this be considered a conflict of interest?


No, it's not.



We recently moved from the Houston area where his daughters live to El Paso for better job opportunities (financially, we were not making ends meet). Because of that, my husband's visitation rights have decreased even more (both according to the divorce decree and because of the distance). He would like to get more time with them, especially since we're living so far apart (he flies back to see them about once a month). What are the chances of him getting more time (he and his ex have joint custody, and the divorce was no fault), so that they almost share them 50/50? Also, is this something we could do through the courts where we live, or do we have to go back to where the children reside?


50-50 timeshare is absolutely not going to happen if the kids are in Houston and your husband is in El Paso.

(Unless Mom agrees - and even then I can see the court disagreeing. Really, would that be good for the kids?)

What do your husband's orders actually say about visitation/custody?

He created the distance, correct? Is he willing and able to pay for the transportation if he DOES somehow get more time ordered?
 
Yes, he created the distance. He is more than willing to pay for the transportation if he does get more time ordered.
 
In Texas, unless the divorce decree and custody order state's otherwise, the court of final decree retains jurisdiction over the matter.

Because he chose to voluntarily absent himself from the Houston area, his choices are few.

He can fly back every other week, or get his "ex" to allow him to fly the children to El Paso.

However, most custody orders in Texas limit the children to stay in the county where the divorce was filed, or within a 150 mile radius.

Read the decree and custody order carefully. The rules are set forth for all to see. If it ain't in there, you shouldn't be doing it.

He's free to live wherever he wishes.

The kids, on the other hand, read the decree and custody order, and all shall be revealed.

Yes, he can return to court and TRY to get things changed.
That, however, can only be done in Harris County (or wherever you lived in the Houston area).
 
One last thing, what he wants isn't in the best interest if the children (school, activities, playmates, etc).

What he wants serves his interests, not the children's.

That said, he can fly between El Paso and Houston every weekend to interact with his kids. In fact, if he went back to court over this, that is what the judge will tell him!!!
 
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