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custody modification questions in texas.

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kawijames1

Junior Member
What is the name of your state (only U.S. law)? Texas( williamson county)

My divorce was finalized in 2008. i have been sued by my ex wife for modification of custody and child support. I have NOT exercised my right to visitation since september of 2008.

In the final decree it states that any modification to the custody must go through mediation except in case of emergency. I live OVER 1000 miles away from my child( in St. Louis MO). I have made NO attempt to exercise my visitation rights either. She has attested that I pose a potential threat to my son.

What petition do I file to stop her lawsuit?
 


Proserpina

Senior Member
You answer the suit that she has filed.

You are under no obligation to see your child, but you will still be responsible for paying child support.

Why haven't you seen your child?

Are you a threat to your son?
 

kawijames1

Junior Member
I have not made any attempt to see him due to multiple accusations from my ex-wife. I have only spanked him once and it did unfortunately leave a bruise. I was investigated( other adults were in the room during the spanking) and it was found to be no malicious intent.

I have been accused of everything except molestation at this point. I would love nothing more to be able to have contact with my son but fear drives my actions of not exercising my rights.

What do i counter her case with? She is clearly in violation of the divorce decree.
 

penelope10

Senior Member
I have not made any attempt to see him due to multiple accusations from my ex-wife. I have only spanked him once and it did unfortunately leave a bruise. I was investigated( other adults were in the room during the spanking) and it was found to be no malicious intent.

I have been accused of everything except molestation at this point. I would love nothing more to be able to have contact with my son but fear drives my actions of not exercising my rights.

What do i counter her case with? She is clearly in violation of the divorce decree.
How is she in violation of the decree?
 

kawijames1

Junior Member
In the decree it states " before any suit is filed both parties shall make good faith to pursue mediation before filing suit regarding custody of the child". It also states "parties agree to live separately and free from interference from each other and shall not intentionally harm, harass, insult or injure the other".
Through repeated unfounded accusations(by her) my professional reputation was irreparably damaged.

She has not made any motion for modification of the order through a mediator and has full on sued me for the modification for a decrease in custody to supervised only and an increase in child support.

What do I do? She makes more than I do and I have another child coming that is not hers. I'm reading the Texas family code but I don't see anything that helps me other than the formula for determining child support.


I've always paid my child support on time ,every time. What do I do about her lawsuit about the custody though? I can't find anything in the Texas family code about it. What form(s) do I need to file to counter?
 

LdiJ

Senior Member
In the decree it states " before any suit is filed both parties shall make good faith to pursue mediation before filing suit regarding custody of the child". It also states "parties agree to live separately and free from interference from each other and shall not intentionally harm, harass, insult or injure the other".
Through repeated unfounded accusations(by her) my professional reputation was irreparably damaged.

She has not made any motion for modification of the order through a mediator and has full on sued me for the modification for a decrease in custody to supervised only and an increase in child support.

What do I do? She makes more than I do and I have another child coming that is not hers. I'm reading the Texas family code but I don't see anything that helps me other than the formula for determining child support.


I've always paid my child support on time ,every time. What do I do about her lawsuit about the custody though? I can't find anything in the Texas family code about it. What form(s) do I need to file to counter?
If you have no intention of exercising visitation why do you care if the custody is modified? I am very confused regarding what your primary concern is.
 

CourtClerk

Senior Member
If you have no intention of exercising visitation why do you care if the custody is modified?
That's where I am scratching my head. Who cares how she does a modification, you haven't seen your child in 7 months already.
 

wileybunch

Senior Member
You file a response that the parties should go to mediation, citing your previous CO's language. But, like others have said, it's unclear what your intentions are. Do you want to see your child? What are you doing about THAT?
 

kawijames1

Junior Member
I can't begin to describe how much I want to see my son. The accusations that have been made against me so far have: ruined my professional reputation, had me investigated by 2 government agencies, cost me a job due to said investigations, caused my loss of sole conservator of my son and now because of it all I'm afraid the next thing I'll get accused of is doing something funny to him.

It all boils down to this: she is using my son as a tool to hurt me.Its not right and it's hurting more than just me but that's what it comes down to.

I need to know how I counter her suit that's been filed now. As well as, how do I begin to cover myself from further accusations from her so I can see him again.
 

CourtClerk

Senior Member
In 7 months, how many time have YOU been back to court to try and establish or re-establish a relationship between you and your child?
 

kawijames1

Junior Member
I've been in court over another child I literally recently found out I had.

I've been trying to gather evidence of what she does( drinking drugs etc) but so far everything has fallen on deaf ears. its funny that happens when the guy is fighting for his child against the mother. even CPS has turned the other way on complaints.

how do i counter her suit to keep the custody I do have?
 

CourtClerk

Senior Member
I've been in court over another child I literally recently found out I had.
I'm going to take that answer as ZERO, because not once have we been speaking about some other child you recently found out about. We're talking about the child at issue that you "can't begin to describe how much you want to see."

Seeing as if you haven't been to court once about it, I can't imagine how you would react if you weren't all that interested in seeing the child since utter desperation leads you to abandon your child for 7 months. Sit and marinate on how a judge is going to view you.
 
I've been in court over another child I literally recently found out I had.

I've been trying to gather evidence of what she does( drinking drugs etc) but so far everything has fallen on deaf ears. its funny that happens when the guy is fighting for his child against the mother. even CPS has turned the other way on complaints.

how do i counter her suit to keep the custody I do have?
So, basically, you do not want custody modified because it will increase your CS?
If you have no intentions of exercising your visitation, you shouldn't care that she wants it modified.
You other children (on the way or already present) have nothing to do with this child and this mother.

Out of curiosity, what did you use to spank the child with that left a bruise?
 
Hold up.. Which child are your trying to countersuit... Child in the other state or in Texas? In your posts it sounds like in the other state and your titled your thread Q's in Texas? You cant countersuit where the child does not live.
 

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