Primary custody 9 years later

[kcasarez]

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

My ex owes me over 2k in past medical bills for my son. We split everything 50-50. I pay 50% medical, daycare, and extracurricular. He pays health insurance premium and 50% medical. This year I put my son on my own healthcare plan so I wont have to pay two deductibles. however his dad refused to take him off his.

He was not in my sons life the first 3 years but is now and loves him very much just doesn't like spending money on him. When we first met I was a broke college girl and he was working. I never put child support on him because he lived paycheck to paycheck and I felt bad for him. He is currently engaged to a drug addict and I want primary custody of my son for this reason. (he can have wed, and every other weekend).

I am afraid if I seek primary custody after 9 years I might loose and end up paying him child support because for the first time in years I make more than him because I got married and graduated school. Does the court look at past monies spent? Should I hire a P.I.? Will they take into account the years I went without any financial help from him? How do I prove that my son is better off at my house more often? He has lived there his whole life and is his primary residence on his elementary school. thanks for your help.

 

[kcasarez]

I think you are misunderstanding

I don't want to pay him child support because he won't use it on my child. I don't want to fuel a drug addict either. I have seen him go through my son's birthday cards and take the cash for himself. I have seen him steal cash out of my purse. I would rather pay out expenses directly where my son needs them to be paid than not know where the money is going. I just was wondering if the courts take all the past years in consideration or just current?
As far as my son is concerned when I have concrete proof that they are doing drugs LIKE FROM A PI I will move in at any cost to get my son. that's why I asked if getting a pi is a good idea? I have reasonable suspicion but no proof.

if it was about money I would have filed for custody when I was making waitress wages two years ago and received child support.

 

[Zigner]

Now ?

 

[kcasarez]

Legal advice

I thought this forum was to provide legal advise. Didn't know this was such a judge mental site full of people who are obviously not lawyers. Stupid site!

 

[Proserpina]

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

My ex owes me over 2k in past medical bills for my son. We split everything 50-50. I pay 50% medical, daycare, and extracurricular. He pays health insurance premium and 50% medical. This year I put my son on my own healthcare plan so I wont have to pay two deductibles. however his dad refused to take him off his.

He was not in my sons life the first 3 years but is now and loves him very much just doesn't like spending money on him. When we first met I was a broke college girl and he was working. I never put child support on him because he lived paycheck to paycheck and I felt bad for him. He is currently engaged to a drug addict and I want primary custody of my son for this reason. (he can have wed, and every other weekend).

I am afraid if I seek primary custody after 9 years I might loose and end up paying him child support because for the first time in years I make more than him because I got married and graduated school. Does the court look at past monies spent? Should I hire a P.I.? Will they take into account the years I went without any financial help from him? How do I prove that my son is better off at my house more often? He has lived there his whole life and is his primary residence on his elementary school. thanks for your help.

Wait a goshdarn second here.

You want custody because Dad is engaged to a drug addict ... but you're PERFECTLY FINE with him having every other weekend?! How does THAT work exactly?

 

[TheGeekess]

I thought this forum was to provide legal advise. Didn't know this was such a judge mental site full of people who are obviously not lawyers. Stupid site!

Well, too bad about your attitude. I could have given you some helpful ideas.

 

[Zigner]

Wait a goshdarn second here.

You want custody because Dad is engaged to a drug addict ... but you're PERFECTLY FINE with him having every other weekend?! How does THAT work exactly?

The OP's biggest concern is possibly paying child support if she loses...she's really not concerned about her child spending even MORE time with the drug-addict step-mom-to-be.