seekin_answrs
Junior Member
What is the name of your state? Texas
I am a custodial parent who allowed the non-custodial parent (father) temp custody on a verbal agreement and not court approved. Non-custodial parent had minimal support and visits for our childs first seven years of his life. After being court appointed, non-custodial parent had to pay child support and every other weekend visitations. After 3 years of temp court orders and no finalization of divorce or child custody hearings, non-custodial parent decides he wants our son to stay with him. Under difficult situations and heavy decision making, we agreed for my son to finish his school year in May of 2005 at his non-custodial parent's home. Agreement also included in he continue the child support due to his lack of paying the first 7 years that I haven't claimed. It is also verbally agreed that if after the summer I decide for my son to continue to live at his father's home, it would only be for another school year. This is enough time for me to finish college and work full time. Non-custodial parent verbally agreed until his relationship went sour with his current girlfriend whom he has 2 children with.
Now he is getting another attorney to file for divorce and does not want to allow my primary custody again. By him doing this he is also willing to take me to court for him to be primary custodial parent and avoiding to pay child support.
My question:
Am I able to go and pick up my child, even though the father is refusing to take our child out of his school district for me to register our child in mine?
Is this verbal agreement outside the courts between both parents of the child going to hurt me if there is a fight for custody?
Although, I might not have been the best parent, as our child staying primarily with my parents the last three years since the court order, will I still have a better chance at the finalization of the custody battle?
Thanks in advance for any advice or suggestions.
seekin_answrs
I am a custodial parent who allowed the non-custodial parent (father) temp custody on a verbal agreement and not court approved. Non-custodial parent had minimal support and visits for our childs first seven years of his life. After being court appointed, non-custodial parent had to pay child support and every other weekend visitations. After 3 years of temp court orders and no finalization of divorce or child custody hearings, non-custodial parent decides he wants our son to stay with him. Under difficult situations and heavy decision making, we agreed for my son to finish his school year in May of 2005 at his non-custodial parent's home. Agreement also included in he continue the child support due to his lack of paying the first 7 years that I haven't claimed. It is also verbally agreed that if after the summer I decide for my son to continue to live at his father's home, it would only be for another school year. This is enough time for me to finish college and work full time. Non-custodial parent verbally agreed until his relationship went sour with his current girlfriend whom he has 2 children with.
Now he is getting another attorney to file for divorce and does not want to allow my primary custody again. By him doing this he is also willing to take me to court for him to be primary custodial parent and avoiding to pay child support.
My question:
Am I able to go and pick up my child, even though the father is refusing to take our child out of his school district for me to register our child in mine?
Is this verbal agreement outside the courts between both parents of the child going to hurt me if there is a fight for custody?
Although, I might not have been the best parent, as our child staying primarily with my parents the last three years since the court order, will I still have a better chance at the finalization of the custody battle?
Thanks in advance for any advice or suggestions.
seekin_answrs