What is the name of your state (only U.S. law)? Texas
I'm a single dad, live in Texas, and I'm debating filing for joint (50/50) custody including 50/50 physical custody of my son. He is 7 years old and his mother and I were never married, and the only court orders that ever have been in place have long since expired, which were temporary orders from about 4 years ago which gave 50/50 physical custody (7 days off/on rotation between parents). That went on for about one year until the mother and I decided to go to a LCSW to have a parenting agreement put in place, nothing legal I know but we were planning on including that in a custody agreement that we never did complete nor of course have any judge sign. That parenting agreement was to give me 1st, 2nd, and 4th weekends plus 2-3 nights per week, while our son stayed with her the other days/times (at the time she wasn't in work or school). Essentially split about evenly 15 nights per month with each parent. That went on for about one year.
Long story short (too late, I know) since then the mother is now attending full time school/internship, and for the past 1 1/2 years he's "officially" been residing with me according to school records so he can attend school in my district (she lives a town over from me). He spends the 1st, 3rd, and 5th weekends with me and 2-3 nights during the week with me as well. Works out to be approx 15 nights/month, or half of the month. I've been voluntarily giving her approx. $400/month to help with costs for our son since she's not working at the moment, even though we have him the exact same number of nights/month AND I'm covering his medical insurance costs, voluntarily.
She lives with her boyfriend of about 2 years now, who she started seeing on the side while still married to her (now) ex-husband. On a side note about 2 months ago the boyfriend left me a voicemail threatening me with violence for the way I spoke with the mother during an argument we had over the phone one time, which I have saved. They live in a very nice apt complex, have about 4 dogs and a new car (keep in mind she doesn't have a job).. and I have reasons to believe most of the money I provide isn't spent on our son, but rather her school and other expenses not related to him. For a large bulk of last year he didn't even have a single pair of shoes at their place other than the ones I purchased for him. The mother has become more and more abrasive and difficult to work with/uncooperative, and the bottom line is Iím tired of having to deal with it, deal with her threats and entitlement filled attitude, and I simply don't trust her in the least esp considering there are no court orders in place for custody whatsoever and I'm almost certain she'll file herself in about a year once she's done with school and has an income to be able to afford a lawyer. Also based on what she's studying she should likely be earning as much if not more than me once she starts her career next year.
My question is taking all of that into consideration and how long this has been our son's living arrangement, what are the chances are that I'd be able to get 50/50 (physical) custody through the Texas courts? How about no child support required for either parent, or at least reduced support?
Thank you in advance!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?