Can a people not named in my divorce decree take care of my son for almost3 years?

I have custody of the oldest. My ex wife has custody of my youngest and I have been fighting her for custody. I want to try again. This family friend of her’s has been taking care of my son while she is in some job place. This friend will not update me properly and she handles the working out of visitation- I have not talked to my ex wife about our own sons. I have the oldest, I have a job and I want my youngest son with me. Do I stand a chance?

Asked on November 3, 2011 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have custody of one child-- and you have demonstrated an ability to take care of that one-- then you do stand a good chance of gaining custody of the other child.  Courts favor parents accepting and taking responsibility for the rearing of their children.  They do understand that working parents have to use babysitters or other caregivers, but they still want the custodial parent involved in taking care of the child.  If you are describing a situation where essentially someone else is raising your youngest son, and your ex's involvement is minimal, then you stand a better chance of getting custody.  If you know that someone else is raising your child, and you say nothing, then that factor will tend to be used against you at a later date.  (Essentially, if you had a problem with it, why didn't you say something sooner.)  See what type of documentation or evidence that you can develop regarding the care of your youngest son then visit with a family law attorney about modifying the custody paperwork.

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