Just wanted to see some opinions on whether I could get 50/50 custody and be the primary custodial parent in Texas. I’ll keep it short: I just had a child with my fiancée, and we signed an AOP. We got into an argument over her controlling mother for like the 10th time. I have never abused her physically or emotionally, and my fiancée has never filed any reports on me. However, the night she left with my child, she called her parents to pick her up, and the situation turned hostile. My mother was visiting to meet our grandson, and that night ended with my fiancée’s mother assaulting my mother while she was holding our newborn son. My mother ended up bruised, and she filed a report. After the assault, my mother said she was calling the police, to which my fiancée’s mother replied that she had been to jail before. I’ve done some digging, and it looks like my fiancée’s mother has at least 10 different aliases. I haven’t found her criminal record yet, but her stepfather has a criminal record for assault, robbery, battery, DUI, and his son recently murdered a marine in a bar. My ex-fiancée cannot afford to live on her own and will be living with her parents in a cramped 850 sq. ft. home with 2 bedrooms and one bath. My lawyer has already filed a SAPCR stating I want to be the primary custodial parent and I believe 50/50 custody if not more. I’m just really concerned for my child’s safety and don’t want him growing up around people like this. Please don’t judge my decision-making in having a child with this woman; she was great when we were together, and I wasn’t aware of her family’s background because, when you love someone, you kind of have blinders on. Let me know if you think I have a shot at getting what I’m asking. Thanks.
50/50 is generally the default, but Texas can be a bit tricky. You have a lawyer, so they know the local courts and judges better than anyone here. You should listen to them.
Joint legal custody is typically the default in Texas, but shared physical custody isn’t. The standard order usually has a custodial parent and a non-custodial parent. The custodial parent has primary placement.
If it’s a contested divorce, then 50/50 is not the default. You might really have to advocate for it.
Honestly, it might be best to try and work it out with your son’s mom. Couples counseling could help you both find common ground, especially with family dynamics.