worried in texas

[worriedtxdad]

What is the name of your state (only U.S. law)? texas

I have been trying to get divorce for over 4 years. Due to my ignorance of the law, I am now trying again. I am planning to get custody of my 5 yr old son. Recently he came to visit he had a bruise from where his little brother, not mine, bit him. He said it happens alot, and him mom did nothing about it. This past weekend she tried to stab 2 people. No charges were filed. what do i do if the judge still gives her custody or will he.

 

[Isis1]

What is the name of your state (only U.S. law)? texas

I have been trying to get divorce for over 4 years. Due to my ignorance of the law, I am now trying again. I am planning to get custody of my 5 yr old son. Recently he came to visit he had a bruise from where his little brother, not mine, bit him. He said it happens alot, and him mom did nothing about it. This past weekend she tried to stab 2 people. No charges were filed. what do i do if the judge still gives her custody or will he.

if no charges were filed and mom was not convicted, then you won't be able to use that.

children bite other children. they bite their own parents, and their own siblings. what do you expect mom to do? beat up one child for biting your child? it's a phase. it passes. shoot, my two older boys (same father) knock each other around and causes bruises to each other left and right.. all in fun. my two younger ones, (same father, different from the first two) bite each other. i'm not going to throw one child out because of it.

change of custody means change of circumstance. nothing you have stated falls under a change of circumstance.

 

[Humusluvr]

What is the name of your state (only U.S. law)? texas

I have been trying to get divorce for over 4 years. Due to my ignorance of the law, I am now trying again. I am planning to get custody of my 5 yr old son. Recently he came to visit he had a bruise from where his little brother, not mine, bit him. He said it happens alot, and him mom did nothing about it. This past weekend she tried to stab 2 people. No charges were filed. what do i do if the judge still gives her custody or will he.

What are your current orders? Where has son been living the last four years?

 

[Ohiogal]

if no charges were filed and mom was not convicted, then you won't be able to use that.

Not quite. But if no charges were filed what evidence does he have that this happened. Stabbing one person, let alone two, is serious.

children bite other children. they bite their own parents, and their own siblings. what do you expect mom to do? beat up one child for biting your child? it's a phase. it passes. shoot, my two older boys (same father) knock each other around and causes bruises to each other left and right.. all in fun. my two younger ones, (same father, different from the first two) bite each other. i'm not going to throw one child out because of it.

Very true. It would be different if MOM was biting the child.

change of custody means change of circumstance. nothing you have stated falls under a change of circumstance.

Change of custody requires substantial change of circumstance. The stabbings COULD be depending on what evidence exists that she did this.