How frequently can my ex file for custody with no cause?

You raised several issues: (1) How often can he file? He can file more often than you think is justified. If he's filing within a year of the last time the court ruled on the same issue, he will have to swear to facts in an affidavit along with his petition to modify. If he swears to facts that are not true, that can become a separate and criminal problem for him. (2) Same amicus? If the court appoints an amicus, you might or might not have the same one. (3) Attorney fees. The court has the authority to award attorney fees to the prevailing party. If there is a bone fide, good faith dispute between the two of you, you are less likely to get fees. If you show the court that he lied in a supporting affidavit, you are very likely to get fees. Of course, there are many scenarios between those two examples. The awarding of attorney fees is up to the discretion of the court so you should enter the litigation expecting that you will have to foot the bill and consider any prospect of attorney fees as a bonus. (4) How to prevent him from gaining custody? I suppose what you mean is that you are the conservator with the exclusive right to designate the primary residence of the child and you want to know how to prevent him from taking that right from you. Courts like stability in the children's lives. If the kids are with you most of the time, going to school, good attendance record, good grades (or at least not worse grades than pre-divorce), staying out of trouble, etc. that will look to the court like a good, stable place to keep the kids. He will NOT be able to win ONLY because he makes more money. If he argues that his higher income will afford the kids greater opportunities if they live with him, ask for more child support. I'm glad you're asking about attorney fees because that means that you plan to hire an attorney. People who represent themselves in these kinds of cases don't prevail as often as those who hire good family law attorneys. Good luck!

In Texas, a request to modify a court order can be filed every 12 months. For the order to be modified, the person requesting the modification must show that there has been a change in circumstances and that the modification is in the best interests of the child. If it becomes apparent that he is being abusive or is trying to harass/annoy you by continuing to file these lawsuits then you probably have an action against him. Also, when you file your answer to the modification lawsuits, definitely ask for attorney's fees and insist on being reimbursed once you prevail. As long as there has not been a change of circumstances you should retain custody. Good luck!

Generally, a parent can file a modification a year after the last order. If, however, a situation arises that places the children in danger of physical or emotional harm; or if the custodial parent has voluntarily relinquished the children for more than six months he could file for modifcation within that year. If several modifications are filed without any real basis for the modification, courts are increasingly likely to award attorney's fees for the filing of frivolous motions. In my area, Courts generally appoint a different amicus each time a case is filed. It does not hurt to ask for the same amicus, especially if you belive he does not have a basis for filing a modification. I would suggest that you document everything. Keep a calendar of his visits, phone calls (including the length of calls), participation in the children's education, extracurricular actives, doctor visits, and his involvement with other areas of the children's lives such as who their friends are and his involvement with them. Additionally, I always advise my client to record their telephone conversations with the other parent. If he admitted to abusing the system to you or some other alarming confession...he would never admit it in court.