How best to mofigy custody?

I have a 14 year old son who lives with his mother. I have the standard Texas visitation. He has decided that he wants to live with me but of course his mother doesn’t want him too. But she said we can go to court and if the judge say he can live with me then she won’t stop him. She just wants the judge to decide instead of her agreeing to it without going to court. Whats the best way to handle this? I was just going to file the motion to modify and go to court.

Asked on March 7, 2012 under Family Law, Texas


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

Answered 8 years ago | Contributor

Family law courts always prefer agreements when possible.  Your ex- may not want to send the message to your son that she just willing to give him away.  Some ex's never agree, just because that's the nature of having and ex.  There really is no "best way" to modify custody.  Every modification has to start with a petition to modify.  From there, the parties have to appear at court for a contesting hearing, or a minor hearing to prove up an agreement.  If she won't agree, then you will have to file the motion and request a hearing in front of the judge on your motion.

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