Custody question: 2 women have custody of a child. One is the real birth mother, the other is an adopted mother due to financial situation early in the child's life. Now the birth mother wants full custody. what are her options?
Answer
The birth mother needs to talk to a family law attorney in the county where the case has been handled. This court has continuing jurisdiction.
The burden would be on her to show why custody should be changed & the child's life disrupted from what she is used to doing. The judge will look at the "best interests of the child" test. This term is not defined anywhere in the TX Family Code - it's totally up to the judge.
If the child is over the age of 12, it can be requested that the judge talk to the child about her/his preferences. This conversation is NOT binding on the judge.
Some courts will appoint an attorney to represent the child's interests (called an amicus) the parties will share this cost. They tend to be expensive - usually several thousand dollars.
The adopted mother is legally a mother. Being the bio mother won't be any benefit. The judge will look at doing what is right for the child - not the adults. Judges expect adults to co-parent together and work together for the best interests of the child.
If bio mom gets a custody, the other parent can ask for an Expanded Standard Possession Order, that means the other parent will have the child approximately 47% of the time. So both parents will be forced to deal with each other on a regular basis.
Bio mom might consider requesting an Expanded Standard Possession Order.
Bio mom might also consider mediation & try to work this out without going before a judge.
I hope this info helps.
www.familylaw4u.com
713-847--6000
No comments:
Post a Comment