Custodial Parent Does Not Live with Child
My question involves a child custody case from the State of: Texas
My boyfriend has a 6 year old son. The child does not live with the mother but with his grandparents. She lives with her boyfriend and other child. We have proof where the child says that she lives in an apartment and how she says she only cares about the money in a text. The school teacher assistant already brought to our attention that the child doesn't want to go home and cries. He says he wants to spend the time with his dad. What other action is there to do in order for the father to take custody of the child?
Re: Custodial Parent Does Not Live with Child
If your boyfriend wants custody and mom won't consent he would need to file a motion for modification of custody, show a change in circumstances sufficient to have the court revisit the custody ruling, and then convince the court that the proposed modification is in the best interest of the child. That's a fact-dependent analysis that requires a lot more information than we have before us. Your boyfriend should discuss his concerns and evidence with a family lawyer for an assessment of how likely it is that a motion for modification would succeed, and what the likely outcome would be.
Re: Custodial Parent Does Not Live with Child
What other type of information might he need for this? By obtaining the appropriate evidence, would it be sufficient for him to get custody of the child?