If my ex andI have agree to joint custody could the judge change or decide otherwise?

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If my ex andI have agree to joint custody could the judge change or decide otherwise?

I agreed to give my ex joint custody of our daughter, with him being the one who designates her residence. This is due to the fact that I was scared of loosing her and unemployed. I agreed but am not happy with the decision, especially because I have not been able to find a job and am still living with him. We have already had a temporary order and have the final hearing in 3 months. Is there a chance that the judge might see it otherwise and assign custody to me? How can I go about this because I don’t trust him but I don’t know what actions to take without upsetting him. Will the judge ask us questions during the hearing?

Asked on July 6, 2011 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Please, please, please go and seek legal help with all of this.  If you qualify for legal aid or go and see if there are any pro bono attorneys through your local bar association.  You do not have to give up rights because he has more money and is employed and you feel helpless, which is what is happening here. The courts prefer that the parties agree to their orders of custody and visitation and will generally abide by their decisions.  But those decisions are generally made with the advice of counsel on what yo have a right to under the law.  You will not lose your daughter so stand up for your rights.  Good luck to you.


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