Legal advice in Texas (Family Law)

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TX Legal Questionex-wife and the convicted felon
Child Custody & Visitation
I am a recently divorced single father of four. Our divorce was finalized less than 30 days ago. We have joint custody and a standard child possession for the state of Texas. My ex-wife has since reconnected with an ex-boyfriend that has spent his entire adult life in prison for a drug conviction. He is now on parole after serving 10 years of a 20 year sentence which was extended for gang activity with the Arian Brotherhood while in prison. She says that he is not a racist, but I'd prefer to air on the side of rational thought. My children are biracial. He was released within days of our divorce proceedings and she plans to live with him in the very near future. Is there anything I can do to keep a convicted felon from infecting the lives of my children? I don't care if she loves the guy or not. It could realistically be anyone else, but I have a real issue with allowing a convicted felon an opportunity to play such an influential role in lives of my children.What is the name of your state (only U.S. law)?

TX Legal Questioncollecting arrears
Child Support
Okay, after my previous thread, I have since received a financial report from the AG's office. My ex is indeed behind over $4000.00. Starting with his next check, they will be garnishing an additional $95.00/month. Question: come next year if he receives a tax refund, will the balance of his arrears come out of that and go to me?

TX Legal QuestionAltering child residence/custody due to parental institutionalization/mental instabil
Child Custody & Visitation
When we divorced, the decree states that our son was to live with his dad in Texas. I had agreed to this. However, within a couple of weeks our son asked to come back to Washington and has lived with me since. His Dad agreed to this so we did not alter the decree; just made our own agreement.

My ex-husband no longer has a residence; has been with a girlfriend and living in his car etc. He recently indicated an attempt at suicide, was hospitalized and now is to be in a State hospital in Oregon for two weeks.

At this point I am concerned that when he is released he will want contact with our son and may attempt to take him. He made verbal remarks about this desire previously.

What can I do?

TX Legal QuestionOrtho
Child Support
What is the name of your state (only U.S. law)? TX

As I mentioned in a past thread, court order stated OZ and I to each pay 1/2 of Orthodontics. We went round and round about this and finally I took out additional dental insurance. (He is ordered to carry all insurance on Lil Bit). I have sent him 1/2 of each and every reimbursement check. In fact, I just sent him 1/2 of the final payment in the amount of over $300.00.

Took Lil Bit to the dentist today and found out he has not paid last month's or this month's bill.(The balance is shown on the next appointment statement) I shot him a very polite email asking him if he had missed the payments as an oversight. He and I each have a separate account with the Ortho, so the Ortho won't go after me for his payments. However, I am upset that I have been giving him 1/2 of the insurance checks and they are NOT being used to pay the Ortho.

Do I have any legal leg to stand on if this continues since 1/2 of the account is only in his name? Dad has a good job and is very successful--In fact he brags about how much money he is making. It's a little embarrassing for me to go to the Ortho to find out he's not paying his portion of the bill. Plus, I have acted in good faith my giving him 1/2 of the reimbursement checks .

TX Legal Questioncustody
Child Custody & Visitation
I live in Kansas but the custody battle for my son is in texas. his aunt and uncle got temperary custody three years ago. this march they gave him back said they were going to sign him back to me but have not. what form do i need to change the resdience of my son so i can have the court case in kansas instead of texas, since i live in kansas and my son has lived here with me since march went to school and is seeing a therapist in kansas. the therapist thinks that his aunt and uncle should not see my son I am his mom and social services were never involved. texas just went on hear say. I never even got to see a judge. they kept postponing court and i ran out of money..His biological dad is in jail. He hasnt had much to do with my son since he was four. the uncle is my sons biological dads brother.

TX Legal QuestionIs this legal?
Child Support
She's in Wahington, I'm in Texas

My wife and I are still legally married but about two years ago she took our younger son to Washington with her for a three weeks vacation. After two weeks she called and said she was staying. Shortly after she got there she applied for welfare, now Washington is coming after me for child support and wants retroactive for my younger son even though our older son was living with me the whole time. The retroactive is over $8500.

Also, in the paperwork it says she thinks I am a threat to our children, I have never had any arrest of records of domestic violence. Because of this all of my sons information is being held confiedential.

She also self prescibed zoloft to my oldest son for two years.

TX Legal Questiongarnished wages
Child Support
i live in texas, and my ex/son live in florida. my wages are garnished, starting on january 8, 2009.

my mediation order stated my ex's attorney would get the information to my employer no later than december 1st, 2008. however, they did not even send it to the judge till december 11th. i paid 1.2 of december because i was unable to pay the other half until later, due to having to be in mediation, and since i missed 3 days of work, i could not give money i didn't have right then. now, my ex is saying i never paid in january, because she didn't get all of the money from my employer till the end of the month, and in her words "therefore, it is february's payment, and not january's so you are behind"...my question is, (and i have been unable to find it online-sorry), is if the money was deducted from my pay IN JANUARY, doesn't that mean it was PAID in january? i pay to the state of florida, and according to my ex, when i am paid every other friday, she gets the money about 3 business days later(so wed-thurs, depending on holidays etc)...SO, how am i paying? if it's paid to her a week after it's deducted, doesn't that mean that she's being paid for that month? or is she recieving payments a "month early"? i don't know, and she's being ruthless about this. my HR woman calls it "real time" payments, which means that she's being paid for the 2 weeks like i am, but my ex is stating since it comes at the end of the month, then it's for the following month.

i'm so confused. and i no longer have my attorney, so asking him is out of the question.

oh and another question, as for some reason, i get mixed answers online about this:
in florida, can i deduct my medicare taxes? whenever i am given a financial affidavit, it only takes off *my* federal taxes, but it counts off my *ex-wifes* medicare & federal. i pay about $25k in federal and medicare, and i'm not being able to deduct the medicare. is that deduction only for the custodial parent? it doesn't ask either parent for SS taxes, so i am assuming that neither of us can count those. if i could, dang, all 3 taxes, make my net income half of my gross income! wow!

thank you so much for any replies

dad43

TX Legal QuestionHow do I handle this charge
Domestic Violence & Abuse
im in texas
Ok to start my girlfriend is Bi polar and off her meds again,last time she was off meds she caught and assault case and did time in the mental hospital.Well a few days ago she starts having an episode so i decide to leave,well not soon enough she starts getting physical with me I never hit her just tried to get away so I manage to escape.after I left the police arrived she had a red mark on her face it may have happend during the incident or she may have done it herself,she told the cops she was bipolar off meds and probly instigated it,they took a picture of her and said it was up to the DA if charges would be filed,now i have'nt talked to the police and i do not want her in trouble since we have kids her problems are my problems,so now what do I do? I doubt i can afford a lawyer should I call the DA to try to straighten things out or will i make it worse?Should I expect a warrant or just a summons or a visit from detective?Remember she is bipolar and i have'nt made any statement what is the best way to take care of this assuming that they will be filling charges?

TX Legal QuestionNeed help with what to do ASAP?
Child Custody & Visitation
Father came from texas and picked up children to take them to Michigan without any notice..he actually came while I was at work and my daughter called and told me that they were packing and that teh father was here at my house helping my son pack!!!!..I then left work and came home, I asked why he didnít tell me that he was coming to pick them up and ...he replied that it is ok.and would not answer any more questions and proceed to leave with the children..He advised my kids and also told my sister that he will have them for 7 days and would then send them back.

I spoke with my daughter and asked her what time was the flight, her father who was in the background told her not to worry about it, this would be between he and I. He then later texted my daughter to ask for my phone#, in which, I know he has. Once she gave it to me, he called me and asked me if I had something to write with..I was in my work van driving back to my site at the moment..I was thinking that he was about to give me flight information in which he began to give me a number to his Lawyer in Texas..I asked why was he giving me this and he stated that he now has custody of the kids because I did not show for court and told me that I will need to sign his proposal stating that I would no longer accept any child support from him and that I will agree to pay half the cost of a flight each month for the children to come and visit him in Michigan. I told him that there is no way that I will agree to that and that he is lying about the judge granting him custody when I did not get the court order until a hour before court in which I called the courts and left several vm explaining why I was not there..I even asked if they could call me and do a phone conference or maybe re-schedule for a later date..I never heard back from themÖHe then proceeded to tell me to call his attorney, to discuss the issue. I called his attorney, who refused to speak with me. I then called the child support office to see if they had received a modification to the order in which they stated they hadnít. At this time I was very upset and crying, I then called the courts to see if they had any information, I was told that they could not give me information over the phone and that I had to write to the courts to receive the orders. My daughter then called and could hear that I was upset..she asked what was wrong and I first said nothing, but she kept asking and then told her that they may be staying a little longer..at this time, she began to cry, I told her it will be ok and that I will come to pick them up if he didnít send them back..I asked her not to tell my 10 yr old son. Her father Mother and Grandmother seen her crying and she told them that her Father wanted to keep them and they wanted to come back here, the mother responded by saying that her father was going to buy plane tickets once she takes him to cash his check and the grandmother stated that she would try to send them back if their father didnít. My daughter then went outside where her father was still crying and telling him that she wants to go back home..he told her that he didnít want to see her cry and after he speak to me he will send them backÖHe had already spoke to me and I did not agree with his proposition, therefore, he would not answer about when they could go home.

Right now my kids are thinking that they will be coming home tomorrow but he is still waiting for me to sign his proposal before sending them home..

What is my rights and can I file parental kidknapping? Pls help!!!!

TX Legal QuestionParental rights for sale
Child Custody & Visitation
Is it illegal for a non-custodial parent/father to request payment to relinquish his parental rights?
CAyala Houston, Texas

TX Legal QuestionParenting plan?
Child Custody & Visitation
Hello and thank you for taking your time to help me.
the childrens home state was washington
mother lives in Texas Father lives in Wyoming
Had a parenting plan in WA but it was temporary until the children where enrolled in school. They (twins) are now 5 and going to attend school. The children moved from WA to WY with here father and than went from WY to Texas to be with there mother. Father now wants to file a new parenting plan so he can have fare visitation , how does he do so threw WY or Texas. Where to go? Father is paying Child support even when the children are with him which they had been for the past year.What is the name of your state (only U.S. law)?

TX Legal Question5th ammendment - self incrimination - adultery
Divorce, Separation & Annulment
Texas

Took the 5th at trial on a adultery question, pro se. Judge ordered me to answer 5-6 times. My understanding is that Texas still has adultery (misdemeanor) in the Penal Code.... Is this judicial error perhaps, and should I file a motion for reconsideration.What is the name of your state (only U.S. law)?

TX Legal QuestionI moved to neighboring county...
Child Custody & Visitation
My divorce is not yet final, however, I have a child support order in effect. I am the custodial parent. The only geographic restriction on me was that I needed to reside in a contiguous county. I moved to a contiguous county that is next to the original county that the CS order originated in. My STBX is saying that I HAVE to provide ALL transportation for the children for his visitation during the week and EOW. No where is it written that I have to do this. I live approximately 40 miles from him. He claims that if he has to transport children, it cuts into his parenting time...I can meet him halfway, but I can't do all the transporting..I would even be willing to drop them off there if he would drop them off here. Is there a law or something that says I have to do all the transporting because I moved???

TX Legal QuestionRule 11 Agreement vs Judge's Ruling
Child Custody & Visitation
I have been in a very nasty custody battle for 10 months now. We entered into a Rule 11 Agreement last November that basically flipped our visitation schedule. Due to a series of re-schedules, it wasn't until Thursday July 23rd that we actually got the case heard. The judge asked to speak to the children and had us come back Friday to hear the case. He ruled that everything should go back to the way it was in the original divorce decree, which is what I wanted. My ex-husband's attorney is now saying that the judge can't overrule the Rule 11 and my attorney says he can because it's in the best interest of the children and that takes precedent over everything. I trust my attorney, but I just wanted to get confirmation.

My ex picked the kids up yesterday for his weekend visitation and, as expected, made it clear he wouldn't be bringing them back on Monday. We're prepping to file a Writ of Attachment and go back to court on Monday, but this has been such a long ordeal and my kids have been through so much and I can only imagine what the next few days are going to be like at his house that I would just like to hear from someone else that his tactic won't work and that I'll be able to get them back on Monday.

TX Legal QuestionChanging custody
Child Custody & Visitation
Texas

I am the non custodial parent and the children live with me. She sees them on the weekends. She does not want to give custody to me because she will lose her assistance from the government. I still have an order for child support that i pay. She returns the money sometimes. I have a signed letter from her stating the kids are living with me.

TX Legal QuestionUnaware of arrears
Child Support
During my divorce, I failed to get temporary orders instated. My ex did not pay me anything to help support the children until the divorce was finalized and support was ordered. (he was ordered to pay 300 every two weeks) He switched jobs a year ago and never notified the AG's office of the new employer information but he wrote checks directly to the AG and managed to pay me monthly but sporadically. During that time, he was paying me $600 a month instead of $650 a month as originally ordered. He incorrectly assumed that $300/bi-weekly = $600/month. I have since filed for a withholding notice myself AND have applied for services with the TX AG. I received a letter stating that my ex owes $4000.00 in arrears. Since he has been shorting me only for the past year, I expected the arrears to be around $700.00. Could the AG office be in error? How do they calculate this? Are they able to force him to pay child support for the year our divorce took place and he did not pay a dime? (nor was he ordered to though) I'm confused.

TX Legal Questionhopeless and scared
Domestic Violence & Abuse
I am married and have been for 16 miserable years. I have 3 children with this man. Their ages are 2, 13, and 15. I have been verbally, emotionally and mentally abused throughout this entire marriage. I finally decided I do not deserve this and have been wanting to leave for about 3 years. It took me this long to act on it because I have seen this man angry before. He threatens me, breaks things, disables the phones and yells and screams for days if I make him angry. I am wanting to go and live with my father in Louisiana (where I was born and lived until I was 26 years old) but I have been a resident of Texas for 5 years now. I also want to take my children with me. The problem is I don't know if I can do this legally. I don't want to be charged with kidnapping or even worse, have him be able to take my kids from me. But if I file for divorce here, I have nowhere to go. I do not want to have to take my children to a shelter. I want to go home! I have friends, family and job prospects there. Is there a way to do this without my husband's permission? After all, he isn't even a good father. He buys my oldest son cigarettes and he is also addicted to prescription drugs. I am desperate!Please help!

TX Legal Questionchild abandment laws
Child Custody & Visitation
What is the name of your state (only U.S. law)? TEXAS my wife(we are married) is very sick and in the hospital with lupis my kids requested to stay with thier aunt (there is no court order) while mom is in the hospital however my question is by allowing them to stay with her am i forfieting my paternal rights or just being a nice dad letting my kids be happy with thier aunt during these tough times. My kids are 9,8,6,4. their aunt lives about 2 miles from the house we live in. they have been staying with her off and on for four months nowi need to know

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we are still married physically seperated due to her illness and im still being a supportive father of my kids wants and needs i just want to no if im risking my parental rights by allowing them hiatus at their auntie house

TX Legal QuestionI don't get it.
Child Custody & Visitation
I recently had the father of my son's child support increased because he has been paying me 100 dollars monthly for the last 4 years with the agreement that he would get him every other week and buy additional necessities as needed. Well, he didnt hold up to his end of the deal, he does see our son, but has not been every other week for 4 years. There has been times he wouldnt get him at all to go on trips with his latest "friend." So I was sent papers from the attorney general with the option to modify and I did. He was sent a letter to show up at the AG's office for a consultation (to avoid going to court) and didnt even show. He has since sued me for custody and is making not only my life, but my son's and my other 2 sons life as well, very difficult. I am having to spend every dime I have on an attorney (I am not married) and with school coming up (all 3 of my boys will be in school this year) I have no idea how I am going to pay for their clothes/supplies. He has also served me with papers for contempt of court, when he CALLED two days after the day he was supposed to get him and I told him we had already made plans since he didnt call or come by when he was supposed to and he could get him over the weekend. He has told his lawyer I refused visitation, which I have never done. He is asking that I be punished to the full extent of the law, jail time and 10 yrs probation upon being released from jail. (wow) I take extremely good care of my children, they are my life and this has me scared to no end. I have an appt with a lawyer tomorrow to get more advice, but I just do not see how this is fair. He also has another son, who he has on health insurance and pays his mother 3 times more than me a month, because according to him, they live a more lavish lifestyle than I do (?) and also has recently gotten another girl pregnant and they are no longer together and has since gotten another girlfriend and is talking about marriage. I am just beside myself and would like all the advice I can get. What are the chances of him being able to do this? He isnt doing it for the welfare of our son, he just dosent want to pay child support. Which is evident, since he didnt file for custody until after I filed for a modification on it. Sorry so lenghty. Advice? What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

TX Legal QuestionPrevent me from moving out of state with our kids
Child Custody & Visitation
I had been planning on filing for divorce next month and was planning to move from Fort Worth, Texas to New Orleans, LA this weekend, (August 1, 2009), but was surprised with divorce papers from my estranged husband today. We have two daughters age 12 and 14, but he rarely sees them. We've been seperated for several years, beginning when he was arrested and convicted of arranging to have sex with a 13 year old female. He was in prison for 3 years, and was released about a year ago, but has seen our daughters only about 15 times since then and never for more than 4 or 5 hours at a time. He has never payed any child support. The court papers say that I cannot take the girls out of Tarrant County (Fort Worth) until a hearing on August 11, 2009, and that he is suing for full custody. I'm thinking with his history he's unlikely to get custody, but I need to move before that date for a new job. Is there anything I can do? Any information at all will be greatly appreciated.What is the name of your state (only U.S. law)?

TX Legal QuestionQuestion on extended summer visitation
Child Custody & Visitation
Court order states non-custodial parent gets child for 30 consecutive days beginning July 1st @6pm and ending July 31st. Being This year July 31st falls on Friday and regular visitation for non-custodial parent for weekends is 1st, rd, and 5th Friday. Does that mean costodail parent doesn't return child till Sunday or does the child come home on Friday the 31st and pick back up on standard weekend visitation the following weekend?

TX Legal QuestionModification?
Child Support
My ex an I had a court order established when we split up in 2005. I was ordered to pay child support and medical support. In November 2008 we went back to court to raise my child support because I was making more money. In court the both of us had lawyers. We all agreed to $520 a month in child support and no medical. My ex's attorney drew up the new order and I noticed that the wording was odd in the medical support area. I brought this to my attorneys attention numerous times he assured me it was taken care of. I received the final order signed by my attorney on my behalf. Once the Attorney general started taking my new amount out I noticed they were taking out an extra $145. After researching I found that they never corrected the medical and I am still paying it although we agreed to no medical in court. My attorney is refusing to correct this and I don't know how to correct it myself. Because of the extra $145 I am behind a little over $1200 and pay an extra $145 a month. I am desperate please if you can help me I will greatly appreciate it!!

TX Legal QuestionChange in Jurisdiction
Child Custody & Visitation
I have moved to Texas from Alabama, and my ex is trying to stop me from bringing my child to Texas. I want to know if I can change jurisdictions to Texas so the case can be tried here.What is the name of your state (only U.S. law)?

TX Legal Questionvisitation question
Child Custody & Visitation
My fiancee is having some issues with her ex husband and their visitation agreement. She currently resides in Texas, while the father lives in Wisconsin. The courts have granted him 4 quarterly visits (one per quarter). Well he has not come to visit his son the past 3 quarters and says that he still gets his 4 visits by years end. I'm no expert, but if he does not come visit, does he not forfit that quarters visit? The reason why he has not come is due to his financial situation. She have offered to pay half of his fare to TX, but still no visit. He is also under the impression that she must bring him (their son) to him (father) 2 of the four visits per year. Is this true? the visitation from the court states 4 quarterlies, and the parents are to spit the cost of travel (of the son). That is all it states. Please, any advice is appreciated.

TX Legal QuestionReally Need Help!!
Child Custody & Visitation
Ok My summer visitation was to begin on June 15 until today July 27th. I got my daughters on June 8th actually. Had them ever since. Well I had a hearing in May and ANother June 29th. The hearing in May said I get extra weekends ( been in court for contempt) and my ex and I meet at Police department in a city she previoulsy lived in. Which i am still unsure how that happened. Well my attorney told me that the June 29th hearing was to go back to our Original Order where she and I pick up at each others houses.
So the entire Summer i have been expecting her or someone to pick up my daughters today. Well today my attorney said she got a call from my ex's attonry that in May the judge ordered all pick up & drop off at the Police station. But I did not know it was permanent. So as my ex said I needed to return them I told her she needed to pick them up. Each time i asked my attorney she said go by our original order.
So I of course did not drive 10 1/2 hrs to drop them off as I had no idea I was supposed to. I also wrecked my truck in April and have not got a new one yet and I am on anxiety and blood pressure medicine and I have worked 8 days straight and Im not sure when my next day off will be. I work 10 hrs daily normal and 12 hrs I worked this weekend. So will I get in trouble since I was told I didnt have to until today? As given advice by my attorney. Also can i change any of this due to my change in circumstance as I moved and they knew this in June. I have heard some parents are ordered to meet halfway. IS there any motion or anything I can do to request a change!!??
I had to move for work.

Please any advice or help would be wonderful!!!!!

TX Legal QuestionEstranged husband dead
Marriage, Domestic Partnerships and Other Family Law Matters
What is the name of your state (only U.S. law)? Texas : I just found out my estranged husband has died and am wondering if I have any legal rights to his retirement or anything. I supported him while we were together.

TX Legal QuestionAbandoment
Child Custody & Visitation
Hello I have a situation and donít know what I can do. I am in the military I have been in for a year now. I have a 3 year old son and I live in Texas. I am married and have not seen or talked to my husband in over a year. He was very abusive (I have court record to prove it) I left with my son and joined the army because he almost killed me. My son stayed with my sister in Vegas while I was at Basic. After Basic I tried to find him he was not living in our old place his mother had moved and I donít have contact with any of his friends. I canít find him. It has been a year my son and I are doing great but I need a divorce because he is a con has a felon and I just donít want to be attached to that now that I have a new life. What can and should I do. I tried to call the IRS he has not filled Tax so I canít find him that way I donít know what else to do. Can I file for Abandonment?

TX Legal QuestionExWife doing drugs around children
Child Custody & Visitation
So ex-wife and I have joint conservatorship. We just wrapped up my summer visitation and I was informed (from my 7 year old) that my exwife is smoking marijuana around them. For a fact it's marijuana. We were watching Cops and they pulled weed off of someone and my daughter said "Thats what my mom smokes." but I already knew she smoked anyway, just didn't know it was still going on around the kids. I asked my daughter how she smoked it and she said "she cuts it and rolls small white cigarettes. And smells different than her other cigarettes." my daughter also says she's heard them use the word "weed" often. Also I know that my exwife's parents smoke pot like 5 times a day including when dropping the kids off for my weekends. (they reek of marijuana which is the same thing their mom smokes and tries to hide sometimes). So my question is how can I prove this in court for custody. My daughters have expressed to me that they don't want to live with their mom and step-dad anymore. They've also expressed their want to talk to whoever is in charge (the judge) so they can move in with me. I feel it may be the wrong thing to do to mix them up in the court system, but also do want custody for the best interest of the children. Is there any way to order drug tests for the grandparents and mother and stepdad since they all are doing this with the children in their custody? I want whats best for them. They are scared of the stepfather because he has been known to spank them often, and they want out of the trailer they feel imprisoned in. What steps should I take to gain custody? How do I get them drug tested, and when they do fail, will that benefit improve my chances of getting the children out of this mess? A little info about me- military combat vet, full time student, on deferred probation for possession charge with intent (in court she admitted to being involved in the same offense i'm eligible to be off early probation now and working on it, so it won't be on my record anymore) I've since been rehired as a federal firefighter but resigned to finish up business degree. Any suggestions are much appreciated.

TX Legal QuestionNeed advice if divorce would make things better or worse?
Marriage, Domestic Partnerships and Other Family Law Matters
What is the name of your state (only U.S. law)? I live in texas, montgomery county, used to live in Harris, that is where all of the court hearings are held...My question is that cps took our children, our 2 ages 1 and 3, and his 2 ages 13 and 14, Things aren't going all that well...they gave the older two back to thier mother's...she is married to sex offender. The younger two are at my mom and dads house....We went to a PC the other day and they are changing thier recomendation to the court to family adoption...there aren't any allegations agianst me so if i filed for divorce would that help me get them back or would it make it harder for me as a single mom to get them back?

TX Legal QuestionCustody Help
Child Custody & Visitation
I am due in court to fight for custody of my son on Monday. There was a Social Study done by a LCDC with a MA in Human Services. I read the Texas Family Code 107.0511 - to say that she was not equipped to do the Social Study.

My attorney does not want to fight this and says the things that are in the report that are false are not important.

My attorney wants me to just say ok the Biological Father can have my son and then fight for him when he is 12. But I think the report with all it's errors and if the Social Study was not done by Texas Family Code Law then it is incorrect.

Please is there anyone that can shed some light on this for me and my son...

thank you in advance for your time and assistance.

TX Legal QuestionTexas and Canada Divorce ?
Divorce, Separation & Annulment
Hello i am a resident/citizen of canada and was married in texas 4 years ago. I have been living and been seperated from my wife "which is u.s citizen" for 3 going on 4 now years living in canada. We both agree that we want a divorce. So my question is do we qualify for this ? or do we have to file paperwork and if so who files it me or her ? again we got married in texas.

- Grounds for Divorce/Fault Ė No Fault:

Texas has both no-fault and fault divorce. For more information about what that means, see The Divorce Process: From Separation to Final Judgment. Your grounds (or reasons) for wanting a divorce are set out in a document called a Petition for Divorce that you file with your District court in your county. Once the Decree of Divorce is granted (i.e. the judge approves your divorce), you will become an unmarried person again. Appropriate grounds for divorce in Texas are: 1) cruelty; 2) adultery; 3) conviction of a felony (imprisoned for at least 1 year without a pardon); 4) abandonment (for at least 1 year); 5) living apart (without cohabitation for 3 years); and/or 6) confinement in a mental hospital (for at least 3 years).

Do we qualify for this ?What is the name of your state (only U.S. law)?

TX Legal QuestionStay at home mom child support payments
Child Support
I am a stay at home mom with 2 children. My oldest has decided to move in with her father this school year. Will I have to pay child support since I am a stay at home mom and how would they calculate how much I would have to pay?

TX Legal QuestionSupervised visits
Child Custody & Visitation
Two years ago I was granted permission through the court to move to Texas with my daughter. In that order all visits would be supervised by my daughter's grandmother, step-grandfather, grandfather or a licensed child care provider. My daughter is now in Florida visiting her father. I have learned that people such as Aunts and others are watching my daughter while her grandmother goes to work. Therefore they are not following the current court order. I have recieved a court date for August 27th, for a Custody Modification. I have been told by the self-help program that my daughter's father has filled for this modification. I have not recieved anything, and do not know what he is asking for the court to grant. I assume that he is asking for unsupervised visits. He has no job, lives with his mother, has no drivers license, and has a history of drug use and being mentally unstable. I want for the visits to remain suppervised, I don't feel that he can care for himself much less a 6year old child. My real question is : If the court grants unsupervised visits can I ask the court to designate my daughter's Grandmother's house as the place where the visitation takes place? At least I know someone will be there at sometime and my daughter's father won't run the streets with her, she will be feed, and taken care of.

TX Legal QuestionAm I battling the ex or the new wife?
Child Custody & Visitation
I have just start going through legal issues with my ex. He threatened that if I did not have papers drawn up for joint custody he would call CPS on neglect against my daughter. Story number 1 for neglect, I'm on the computer all the time. Story number 2 that he told me, she was in a pull up (she just turned 5). I was more or less given 24 hours to do so on a Sunday. He turned right around after getting off the phone with me and called CPS (three weeks into his visitation with her). I proceeded to find a lawyer who advised that our original decree did not have set visitation and that was the only thing that needed to be done. The joint custody seemed far fetched considering my ex lives in AZ and I live in TX. Due to his threat I felt it necessary to hire a lawyer to protect my oldest and my two younger children I have now with my husband.
With all this going on I have barely spoke to my ex on the matter. I am always speaking with his wife. His wife controls everything that goes on in their life. She has picked up and dropped off my daughter for visitation without my ex. She has called to speak with my daughter without my ex around. I strongly feel that this legal ordeal is her doing as well. She pretty much tells my ex what to say and do and he does.
My husband now has kept his mouth shut on everything except for what involved our two children. He knows that he is only the step-parent and has NO legal say in the matter involving my oldest.
I received papers today and on the cover letter explaining to my lawyer what they contained at the bottom was my ex's and his wife's name. Throughout the actual legal document my ex's name is the only name mentioned besides my own.
My question is, does the ex's new wife have any say whatsoever in this ordeal? Can she legally talk to their lawyer about anything involving this? If the lawyer does speak with her, does that play in my favor? I have had nothing but problems left and right since my ex has married her.
There is more to this story, but that is a general overall synopsis of it for now.

TX Legal QuestionMediation for permanent orders
Child Custody & Visitation
Short Version: Sept 2008 my son's father filed for visitation and has started paying child support - my son is 14 and his father was not listed on birth cert nor has he ever contributed to his life before now. We have temp orders that are going to expire soon so we are having to go thru mediation before a court date (if things are not worked out before). As of right now I am sole managing conservator & his father has very limited visitation and until today has not had an overnight visit. Temp orders are just set up for day visits. At the urging of my son's counselor he is going to spend the weekend.

The father is not currently employed nor has he held a steady job since he filed for rights nor has he picked up my son on most of his scheduled visitations.

What should I expect to happen at mediation?

Any advise would be appreciated!

TX Legal QuestionChild Support Owe to me Houston, TX
Child Support
Me & my ex was married in NY, he filed divorced in Las Vegas, NV, now he lives in Houston, TX.

As per our agreement which is not stated on divorce decree, he suppose to paid $ 350/month child support. He still owe me about $ 8K, he only paid $ 100/month for periode 01/2006-10/2008 with excuse he is attending school. I accomodating him, now he finished the school and working with assumably income range somewhere between 25K-35K. I was struggling but I managed because I have a job.

For his benefit, he gave me custody over my son from 02/2005 'till 06/2009 without even single visit. Now he wants custody over my son for the next few years and wants me to pay him the same amount of child support to him.

The problem is I am not comfortably just give my son to him, so I choose to stick around for sometimes. I relocated from NY to Houston, still looking for a job. I'm staying in his apartment but have to pay $ 450
/mth rent. He will not give any child support and will split 50/50 over my son expenses. I have no job/no money, I ask him to pay the money he owe me, but I got very hard time like a begger. Everyday for the past 2 weeks I'm in Houston I take care of my son while he is working, he care after him on Thur/Fri/Sat 6-9 PM while I'm working part-time with little money. No more lines credit and credit collectors calls every day, all occured from the expenses while he paid $ 100/mth. While I'm paying for school & day care about $ 1000/month.

I'm struggling and I don't feel this is right at least I was accomodating him when he needed but I didn't being treat the same way.

Please help, I don't know what to do and don't know how to start.

TX Legal Questionchange of custody, not support?
Child Custody & Visitation
Texas,

My husbands 13 year old son wants to come live with us, he has wanted to for a few years now, his mother finally agreed this year but only if my husband will sign an agreement not to stop paying child support, to not get state benifits like food stamps so she can continue to do so, and not to get medicaid on him so her food stamp benefits will not be taken away. My mom says this is an illegal contract and the court will not entertain it because she is breaking the law by getting state services for someone who does not live with her. What will happen? If we decide to contest child support will the court abide by the agreement if he signs it?

TX Legal Questionsettlement question
Child Custody & Visitation
After a long awaited time my ex and have reached a settlement the day before we were to start a 5 day Jury trail. We went back and fourth for several hours and finally agreed. One of the steps was no more using a place Kid Exchange to pick up our daughter, that instead we would immediatley start doing exchanges at the San Marcos police Dept. My ex signed it, her attorney, myself and my attorney. My attorney went and filed it with the court as a "rendered" document ( not sure what that means). Yesterday I get a call from Kid Exchange saying my ex has called saying we will do exchanges there this weekend because the document is voided beause a judge did not sign it....I am confused as hell and now it seems she is backing out of something she already signed. Can anyone help shine alittle light on this subject as I was under the impression if all parties agreed and it was signed it was done and thats what we were agreeing to. Thank you for any help given I truly appreciate it.

TX Legal QuestionNeeding Advice
Child Custody & Visitation
I am seeking advice. My Fiance and his ex-wife have joint conservatorship over their 11 year old daughter. She will be 12 in September. She is restricted to Dallas County or a continguous county. She informed him on Monday that she was going to be getting married and moving her out of state to Missouri. He is totally against this. We made her an offer of splitting the year six months here and six months with her and no child support. She has totally refused and now is threatning him to go back to the original divorce papers and visitation schedule which means he will never see his daughter until we can get that part modified. My question is does she have the right to just pick up and move like this and take his daughter when he does not approve of this. He pays child support on time each month and never misses. There are other issues such as not passing school and other little things. What are some of his options at this time Any advice is helpful.

TX Legal QuestionChange of custody in Texas
Child Custody & Visitation
My ex-wife has physical custody of my 13 year old daughter. My daughter wants live with me. I am behind in my support payments. Does that automatically keep me her from being able to live with me?What is the name of your state (only U.S. law)?

TX Legal QuestionTakeing Spouse Off Joint Account
Marriage, Domestic Partnerships and Other Family Law Matters
Me and my husband are sperated and he took me off our joint account so now i dont have any access to that account, But the money that is in there is both of ours. My question is in the the state of Texas is it legal for him to take my off with out me singing anything nowing that i was being taken off??? very What is the name of your state (only U.S. law)?

TX Legal Questionworried in texas
Child Custody & Visitation
I have been trying to get divorce for over 4 years. Due to my ignorance of the law, I am now trying again. I am planning to get custody of my 5 yr old son. Recently he came to visit he had a bruise from where his little brother, not mine, bit him. He said it happens alot, and him mom did nothing about it. This past weekend she tried to stab 2 people. No charges were filed. what do i do if the judge still gives her custody or will he.

TX Legal Questionabandonment and custody
Child Custody & Visitation
In january my husband took off on the family without a word and for weeks would not even tell me where he was going. Finally I began to take the kids to see him on my days off from work. He would ignore them and sit in his bedroom to play videogames while they sat in another room. Upset, I usually took them home.

He left us without money and food and utilities that were going to be turned off, my parents helped me get back on my feet, until I got a job.

Then in May he told me frantically that his mother had been in a car accident. I still have the msn logs. He said his aunt gave him a plane ticket to come see her in the hospital. Feeling that this was above our arguments, I took him to teh airport. Two weeks later I found out he lied. He will not tell me where he is. Where he has gone. He will not give me money or help. He will not call the kids. I have only spoken to him briefly in msn about our house which needs his signature for a loan modification.

He then brought up custody and wanting them to come visit him for summers.

I am terrified of them living with this man for weeks at a time in an unknown place for out of state visits. They are 4 and 6. He has verbally abused me and both of the children. His aunt and mother have heard him call our son a little fag on the phone and to stop being a punk when he was 5 years old. I do not know if they would help me in this case though.

Secondly, he cannot maintain a job. He has gone through job after job in the five years we have beent ogether. No one will keep him in their employment due to his attitude.

My father wants to file statutory rape charges on him but I think this is a terrible idea, I was 16 then, i am 25 now, when I moved in with him when I ws 17 there was no law broken. This will also make things difficult. It will look petty. I want facts and things that will help my case, not hurt it.

I am looking for a lawyer now but I dont know how to shop around within my finances. People have suggested finding a pro bono or low cost legal aid but my gross pay makes it appear I make a lot of money. It doesnt take into account the taxes and deductions I have to pay from every check and how much my bills are as a single mother wit no child support.

TX Legal QuestionHusband's ex wife refuses to pick up her child after visitation
Child Custody & Visitation
What can I do if my husband ex wife refuses to pick up her child after visitation?
I picked him up why can't she pick him up? I really need help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

TX Legal QuestionAnother Custody and Visition Situation - Advice Welcome
Child Custody & Visitation
State - PA (but it's not that simple)

Bottom line: It "appears" that my son wants to live with his mother, I would like to know what my options and read any advice offered.

I have a 15 year son (16 in Dec) who has been living with me for the last 12 years. I have custody granted by the state of PA (Jurisdiction remains in PA). His mother has visitation for Christmas, Easter, and during the summer. We share the travel costs. She pays child support (although never on time). I live in Europe and have lived here ever since before the custody order (the Judge knew I was in Europe). His mother has moved several times (she lives in TX now), has been remarried, and has several more children with her new husband.

A couple of weeks ago, my son (while visiting his mother for the summer vacation) called me and explained that he wanted to stay with his mother. I don't believe this is in his best interest. After explaining that to him, he said that we may have to take it to court.

Normally my son is very passive. He doesn't like to create conflict. This behavior, almost aggressive, is very unlike him. I understand his desire to live with his mother and her new family as it is much more fun; no homework, lots of children, almost ready to get his driver's license (can't drive in Europe until 18), etc.

On the other hand, deep in my heart I don't really believe he wants to live with his mother so he is happy; but rather to make her happy. Both of them are very emotional. I believe he thinks it is her "turn" to have him.

I mentioned before that his mother rarely pays child support. Actually, she has never (not in the last 12 years) been on time. She is behind 9-10 months and must make a payment by Sep or be in contempt. Resultantly, money may be an added factor. I make a lot more than she does and if she gets custody and doesn't have to pay child support, she can try to get money from me.
I have a very nice home and my son goes to a fine school. Other than my son making the statement that he wants to live with his mom, nothing else would convince me to change the status quo.

I don't want to fight my son. But I want what is best for him and I don't believe him living with his mother is best.

I welcome your thoughts.

-- sleepless

TX Legal QuestionTexas Abandonment
Child Custody & Visitation
I have a 12 year old son for whom I have just filed for child support for the first time. I got involved with his father when I was 16 and he was 26. He knows about his son, but has never given me any money or support otherwise. He was very abusive and I ended up getting out of the relationship very scared of him. I didn't file for child support for fear of making him even angrier. Thankfully he has left us alone for the past 11 years now. After all this time and and knowning he now lives halfway across the country I finally filed for child support. I know I have the right to have child support and he shouldn't deny my son more chances with the money I should be getting (college fund, summer camps, sports, ect). However, I'm so scared that he will try to get visitations with my son just to spite me for filing. Is there any way I can stop this? I vaguely remember an abandonment law in Texas stating if the parent didn't pay child support or try to contact his/her child in so many years, you could file to have their parental rights taken away. Does anyone know anything about this? Do you know anything else I could do to make sure he doesn't try to hurt my child to spite me? I have a meeting at the Attorney General's Office on Wednesday. Thank you so much!

TX Legal QuestionIntra-family Adoption
Adoption
The mother lives in Texas and I live in Indiana. My sister has agreed to donate an egg and allow me to send her sperm purchased from a sperm bank. Since we won't know who the father is, clearly the father cannot sign away his rights, and we don't want to declare that she was artificially inseminated for insurance reasons. What do I do to address this issue? I presume that we initiate adoption proceedings in Texas since that is where she lives but since I can take the baby to IN with me once he/she is born, can I initiate adoption proceedings in IN instead? Lastly, where do I get information so that we can handle the adoption ourselves?

TX Legal QuestionEx-wife wants more money... What are my rights
Child Support
I live in Louisana and my divorce was final in Texas on June 16, 2009 with me paying child support. My ex-wife moved from Texas to Pennsylvania a week after our divorce was final, can she take me back to court in Pennsylvania for more child support?? She works as a nurse from a doctor, so she is more then qualified for employment. I am a civilian government employee and I am scheduled to deploy in Nov... On my deployment I will make a good amount of extra money and my ex-wife has stated that once I return she will take me back to court in Pennsylvania to get more money.... I have no problem paying the $758 a month child support for my only child... But her taking me back to court after my deployment for more money.... Thatís not right!!!! What are my rights????

What is the name of your state (only U.S. law)? - Louisana

TX Legal QuestionUnworkable Decree
Child Custody & Visitation
I've had primary custody of my daughter since she was two years old. She is now 6 (almost 7) and the expanded Possession orders given are causing problems. My X, lives only a short distance away but constantly interferes with my childs activities. We were lmost thrown off a sport team due to this. Also, my daughter begins first grade this year. The Thursday overnights result in my child being unable to sleep and almost a zombie on Friday's in school. She is always exhausted and withdrawn when she comes back home. Are my concerns legitimate ones in the best interest of my child or would a court see them as friilous. Oh yes, the X is also over a year behind in child support but apparently the court is not going to do anything about that either.

TX Legal Questionovernight house guests
Child Custody & Visitation
Can a non-custodial parent be held in contempt or be exempt from court ordered visitation, if she cannot have overnight quests, but is living in someone elses house?

TX Legal QuestionReclaiming Property
Divorce, Separation & Annulment
I am recently divorced and my exhusband lives in Wisconsin. He got our Chevrolet Avalanche and I got a Scion XS and VW Jetta. The Avalanche has a loan in my name alone and the Jetta has a loan in his name. He is not paying the Avalanche. How can I get it back so my credit is not damaged?What is the name of your state (only U.S. law)?

TX Legal QuestionUncontested Divorce??????
Divorce, Separation & Annulment
My son is hiring an attorney for his supposedly uncontested divorce.
He was given a price of $750.00 if the divorce is uncontested. Their are no children involved. My son is in the military serving in Afghanistan and is worried that she may change her mind about contesting the divorce. They have been separated, for obvious reasons, for 2 months.

What kind of issues can raised that might drive this $750.00 price up?

thanks

TX Legal QuestionWant to move
Child Custody & Visitation
According to my divorce decree, I am not allowed to remove my son from the state without the courts permission. My son and I were living in Texas and came back to complete the divorce and so that my ex could have access to his son. However, my ex moved out of state a year ago and my son and I would like to return to Texas. I am just curious as to how willing the court will be to grant permission. I am willing to make a visitation schedule that allows him to be with his father as much as possible during vacations, etc. His father's job keeps him on the road much of the time and he has no permanent residence; however, he usually stays with his Grandmother or other relatives when he is visiting him. Just wondering what kind of battle I might be facing with the court. I don't think the father will have a problem with it as long as there is adequate visitation stipulated.

TX Legal QuestionNeed your help
Child Support
Dallas Texas!

I am a small business owner and got a call yesterday from Attorney General Greg Abbott office. They want information about an employee working here, or has worked here and they want we to fax it to them. Are we obligated to reply to this matter. The section under 231.302 of the Texas Family Code. If we are obligated to answer what happens if we do not.

Thank you,

B