• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have grounds for custody mod?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

EDOffshore

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

I work offshore (21 days home / 21 days at sea.) With my current custody
arrangement, (1st, 3rd, 5th weekends) I'm lucky to see my 8 yr old daughter for 4 days out of 42.

These are just a few of my issues:
1. My daughter missed 18 days of school this year, with 18 being
the limit here in Texas. I went to the school to talk to my daughter's
teacher, and she told me that my daughter often tells her that she
was absent because her mother didn't feel like waking up. My ex recieved
three truancy warnings.

2. While at the school I found out that someone called CPS on my ex, and that an investigator had been to the school to interview my daughter. When I
called CPS, they refused to share any info with me at this time.

3. Apparantly my ex's next door neighbor has called the cops several times
because of loud fights with my ex and her boyfriend who has been in prison
2x for drugs.

4. We live in a small town, less than 5 miles apart, and I have had to resort to
calling the police in order to get my weekend visit. However, after I did that, she made life even more miserable for me...hostile phone calls, making my daughter unavailable, etc.

5. Since the initial order of custody, which is joint conservatorship with her
as the primary custodial parent, my life situation has changed. I'm married,
stable, have a decent home, etc.

What are my chances of getting custody?
 


Proserpina

Senior Member
...but you work offshore for weeks at a time.

The court is unlikely to award you physical custody based upon your post.
 

LdiJ

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

I work offshore (21 days home / 21 days at sea.) With my current custody
arrangement, (1st, 3rd, 5th weekends) I'm lucky to see my 8 yr old daughter for 4 days out of 42.

These are just a few of my issues:
1. My daughter missed 18 days of school this year, with 18 being
the limit here in Texas. I went to the school to talk to my daughter's
teacher, and she told me that my daughter often tells her that she
was absent because her mother didn't feel like waking up. My ex recieved
three truancy warnings.

2. While at the school I found out that someone called CPS on my ex, and that an investigator had been to the school to interview my daughter. When I
called CPS, they refused to share any info with me at this time.

3. Apparantly my ex's next door neighbor has called the cops several times
because of loud fights with my ex and her boyfriend who has been in prison
2x for drugs.

4. We live in a small town, less than 5 miles apart, and I have had to resort to
calling the police in order to get my weekend visit. However, after I did that, she made life even more miserable for me...hostile phone calls, making my daughter unavailable, etc.

5. Since the initial order of custody, which is joint conservatorship with her
as the primary custodial parent, my life situation has changed. I'm married,
stable, have a decent home, etc.

What are my chances of getting custody?
Virtually none, you work offshore for 21 days at a time.

Its meaningless that there was a CPS call against the child's mother if CPS did not remove the child from the home.

18 absences is not particularly good, but its not horrendous either.

If the loud fights are taking place in front of your child, and the police are being called and the child is present, that is pretty bad, but unlikely to be enough to overcome the fact that you work offshore 21 days in a row.

Now, you might be able to get things modified so that you have more time with the child during your 21 days at home. That has a reasonable shot a prevailing. However, based on how little time you have spent with the child due to your job, I doubt that you would get the whole 21 days right from the get go. You might be able to get a full week to start off with.
 

stealth2

Under the Radar Member
Also - how old is the child, how far is the school, and what sort of transportation is available?
 

EDOffshore

Junior Member
Daughter is 8yrs old. Her school is here in the town we both live in. I understand that my job is an issue. I have worked offshore for the past 2 years... before that I worked locally, but for very little pay. With my
lack of education, offshore is virtually the only way I can support my
family and give them a decent life.

When I have my daughter for the weekend, she always wants to stay
here with us when it's time to take her home. It's hard to see her go,
especially when I know there are some issues there.

I don't want to break her heart either. I know she loves her mama. It
would probably do more harm than good to try and take her away. At the
very least, I just need more time with her. I might be gone for 21 days,
but when I'm home, I'm here 24hrs a day for 21 days. That's more quality time than most 8-5 working dads get to spend with their kids.
 

CourtClerk

Senior Member
No judge is going to give you primary custody so you can have someone else raise her. Your work schedule makes doing more prohibitive.
 

TinkerBelleLuvr

Senior Member
But a judge may modify the visitation schedule to allow the child to see dad when on shore. How far in advance are the schedules posted?
 

EDOffshore

Junior Member
My work schedule never changes. It's 21 and 21 over and over.
How would I go about getting this? I mean, would this be a court
fight, bringing witnesses in, or could this be settled rather quickly?
 

CJane

Senior Member
My work schedule never changes. It's 21 and 21 over and over.
How would I go about getting this? I mean, would this be a court
fight, bringing witnesses in, or could this be settled rather quickly?
And that, is the $50,000.00 question.

Do you think Mom would agree to a change? Are you seeking a 21 day on/21 day off schedule with your child? (Because that's not really practicable)

If mom won't agree to a change, then that means you have to file in court. And you'll have to prove that any change is in the child's best interests. And frankly? Most states that have visitation guidelines? They don't like to vary from those w/out agreement from the parents. Which means it would be a battle in TX to get more than "standard". And your schedule doesn't really allow for standard.
 

MichaCA

Senior Member
Witnesses are when there is a trial. What you would go to is a hearing.

I don't know if TX requires court ordered mediation before a hearing. Basically, if you can get an attorney to file for a modification of the custody order. I would attach the next years work/off work schedule onto your requests...and propose a fair schedule.

Hopefully there is mediation. That way you get mom's schedule, childs schedule, put it with your schedule, and work out something reasonable for the child. The mediator makes a recommendation to the court, based on the session. Then a judge will hear both sides and take very seriously the mediators recommendation, and make a court order.

Maybe ask the first couple of months of this proposal, child spends three days with you, five with mom, three with you, back and forth. After a couple of months, five days with you at a time. Just an idea...there are dozens of visitation schedules...but start out slowly so your daughter can adjust to going back and forth.
 

CJane

Senior Member
Witnesses are when there is a trial. What you would go to is a hearing.

I don't know if TX requires court ordered mediation before a hearing. Basically, if you can get an attorney to file for a modification of the custody order. I would attach the next years work/off work schedule onto your requests...and propose a fair schedule.

Hopefully there is mediation. That way you get mom's schedule, childs schedule, put it with your schedule, and work out something reasonable for the child. The mediator makes a recommendation to the court, based on the session. Then a judge will hear both sides and take very seriously the mediators recommendation, and make a court order.

Maybe ask the first couple of months of this proposal, child spends three days with you, five with mom, three with you, back and forth. After a couple of months, five days with you at a time. Just an idea...there are dozens of visitation schedules...but start out slowly so your daughter can adjust to going back and forth.
The bolded is one of those times that CA really is in its own lil world, Micah. Most states don't allow mediator's reports, or anything that happens in mediation to be mentioned in court.
 

CourtClerk

Senior Member
The bolded is one of those times that CA really is in its own lil world, Micah. Most states don't allow mediator's reports, or anything that happens in mediation to be mentioned in court.
And to be clear, only a handful of counties in CA allow what happens in mediation to be mentioned in court. The vast majority of counties DO NOT allow it.
 

MichaCA

Senior Member
Your right, it is its own little world although I am reading more and more posts regarding mediation before court.

Another way CA is different...they will bend over backwards to accomodate a dads requests for visitation.
 

CJane

Senior Member
Your right, it is its own little world although I am reading more and more posts regarding mediation before court.

Another way CA is different...they will bend over backwards to accomodate a dads requests for visitation.
It's not the mediation requirement that's different, so much. It's the way that (apparently only some counties in) CA allows mediation to affect the outcome of a trial/hearing.

Other places require mediation, but NOT for that mediation to have any impact on the court case if mediation fails.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top