unsure63

My stbxh dropped the collaborative suit and hired a new attorney so he could file for custody. The kids are soon to be 14 and 17. I have been a stay at home mom all these years and am paralyzed at the thought of losing them. What can I do to help ensure my chances of winning? I know the kids would choose me but in TX I have been told they don't get the final say. His major claim is that I'm unfit because I have been taking antidepressants for years.

hisfac

At their age the courts will give the children's wishes strong consideration, if they want to live with you, that's huge.

You've always been the primary caregiver, that's also big.

Half the freaking world is on antidepressants, that doesn't make you an unfit parent and doesn't give your exhusband any real ammunition.

Based on what you've written he has little chance to get custody of the children and worrying yourself sick over it isn't going to get you anywhere.

Be prepared for some nasty verbage in the custody filing, filled with twists, fabrications and outright lies and be prepared to hit back.

Read Alec Baldwin's book that details his divorce and custody battle with Kim.. there's some good stuff in there.

Mamatomany

I have read that in Texas at the age of 12 they get to talk to the court and pick. I can try to send you the link. I have been talking to several people and unless you are unfit the judge will probably keep them where they have been. Here's some of what I read yesterday.



12 years of age or older, a child can sign an affidavit stating whom the child would prefer to live with. If requested by a party, the Court will interview a child 10 years of age or older. Neither the affidavit nor the information from the interview is binding on the court. It is some evidence, just like all the other evidence. However, the court realizes the problems in ordering a sixteen year old child to stay with a parent with whom he does not want to reside. If younger than 10, the child might have the opportunity to speak with the judge. There is no guarantee of this.

Law Offices of Raggio & Raggio

I am also sending a pm.

Btw do you think your stbx is doing it just to get you to worry and back down off of some of your other demands?

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