If I haveour oldest and my ex hasour youngest and Ican provide a better home life, do Ia better chance of getting my youngest as well in order to keep them siblings?

I have custody my oldest son and my ex-wife has custody of the youngest. I have been fighting for my youngest for a while. My ex does not even care for my youngest. I want to now if the courts would lean on letting me have him. I have the oldest and I have a job and roof over my head where my ex does not.

Asked on October 20, 2011 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation and for the children being separated. Although the law differs from state to state as to what factors the court looks at, really they generally all look at each case in "the best interests of the child." Surely a roof over their head and having a job are better than not.  So I don't know who you are fighting with but you need to ask the court to modify what ever agreement you have with your ex or court order that sets this agreement and continue move toward having physical custody of them both. I think that you have a very good chance here. Good luck to you.

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