My fiance (dad) would like to get custody of his daughter. I play the role of the stepmom in this scenario, and we would greatly appreciate advice on the following:
1.) How likely is it that he will get custody?
2.) What can he do to prepare?
Here's the background. We're in Texas. Mother has had custody since their separation (were never married) for 6+ years. Mother's past has been hazy but gotten better. She refused to give him visitation for several years, he had to go to Child Visitation Enforcement constantly, they had mediation… it was lengthy. Mom literally did not believe she had to abide by the orders, thought it was "How and when I decide". For ~ 3 years now he's been getting his standard visitation, but mom still defies a visitation here and there (maybe down to 5 incidents a year).
Daughter is now 11 yrs old and wants to live with us. The reason we want custody unfortunately falls along the lines of "she's a bad parent" with less hard facts. Mom has remarried and had 2 kids, and Daughter is used as a caretaker. She's been left alone with a baby since she was 9. (Certainly occasions where CPS could have been called, but dad refused.) Mom is emotionally abusive (our opinion), and often emotionally blackmails her child. Mom just consistently does not place her Daughters interests before hers. Not to mention that Daughter's childhood is not being nourished. I suppose that's the short version.
I'm unsure about how "the facts" would play out in court, and how successfully Dad would be able to establish himself as a better parent. Dad has large corp. good steady job. Mom owns some flea market stands – only works them on weekends. Mom has had DWI and some other blip for no car insurance, nothing major we know of. Dad is clean.
Dad is very concerned about the retaliation that Mom could lay on Daughter upon any upset.
Thanks!
1.) How likely is it that he will get custody?
2.) What can he do to prepare?
Here's the background. We're in Texas. Mother has had custody since their separation (were never married) for 6+ years. Mother's past has been hazy but gotten better. She refused to give him visitation for several years, he had to go to Child Visitation Enforcement constantly, they had mediation… it was lengthy. Mom literally did not believe she had to abide by the orders, thought it was "How and when I decide". For ~ 3 years now he's been getting his standard visitation, but mom still defies a visitation here and there (maybe down to 5 incidents a year).
Daughter is now 11 yrs old and wants to live with us. The reason we want custody unfortunately falls along the lines of "she's a bad parent" with less hard facts. Mom has remarried and had 2 kids, and Daughter is used as a caretaker. She's been left alone with a baby since she was 9. (Certainly occasions where CPS could have been called, but dad refused.) Mom is emotionally abusive (our opinion), and often emotionally blackmails her child. Mom just consistently does not place her Daughters interests before hers. Not to mention that Daughter's childhood is not being nourished. I suppose that's the short version.
I'm unsure about how "the facts" would play out in court, and how successfully Dad would be able to establish himself as a better parent. Dad has large corp. good steady job. Mom owns some flea market stands – only works them on weekends. Mom has had DWI and some other blip for no car insurance, nothing major we know of. Dad is clean. Dad is very concerned about the retaliation that Mom could lay on Daughter upon any upset.
Thanks!
