Can I change custody from joint to sole in second divorce which is uncontested?

Question Details: Second divorce from previous husband, only lasted 5 months. I was given the house, primary custody but joint, and child support. I just want to write it up myself piggy backing on the first divorce but want sole custody. I do have an acceptable reason but will like to keep "the why" out of papers for the benefit of my kids future and for religious reasons. If not contested can I do it?

Asked 10/8/2009 under Divorce, Marriage, Alimony | 232 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Roy L. Reeves / Reeves Law Firm, P.C. Answered 2 years ago | Contributor This attorney is licensed in Texas

My advise is to find a lawyer to complete the matter.  What you are describing is an uncontested divorce and my firm, as well as others, will handle these for a one time flat fee.  

Another thing to consider is the Judge and the Jurisdiction.  If you get a Judge that is not paying attention, or who just wants to move the case, you will get away with this.  However, the Texas Rules of Civil Procedure provide that you can only have what you ask for in writing (You have to list the item in the Petition), you raise evidence and prove you are entitled at trial, and you ask for at the conclusion of of the trial.

All that to say, if the Judge is a stickler for rules, you will have to ask for the sole managing conservatorship and tell the Judge why you should get it.  But, you do not have to list the reason in the final decree if that is your concern.

A "do-it-yourself" divorce will be much more expensive to fix than hiring a lawyer to handle it to start with and having a professional do all the paperwork will save you a lot of time and heartache in the long run.  If you are in Dallas or Collin County, call me, I offer a free no obligation consult for divorce clients.

You can find more information on this subject on my website at: www.planoattorney.net

Roy L. Reeves, Esq.

Reeves Law Firm, P.C.
1400 Gables Court
Plano, Texas 75075
972-596-4000 (ph.)
972-755-8726 (fax)
roy@planoattorney.net

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