satans_chipmunk
Junior Member
What is the name of your state (only U.S. law)? Texas
My fiancee is a NCP of 2 boys, ages 10 and 6. She lost custody when she went to the Atty. Gen. office 2 yrs. ago because she'd let her husband keep the kids due to some lying on the children's part. Needless to say, she should've had an atty., because when she asked the AG's mediator if what she was signing would assign legal custody, she was told no. However, that was a lie, so he got custody. She had gone there for setting up child support, when she was and has gladly paid. This was in approx. Sept. 2006.
Now, to 2008. In Jan., the 10 yr old decided he wanted to come live with us. In our household, we have his half-brother, and another step-brother and a step-sister. When he informed his father, his dad said "Fine! Bye!!" and he moved in that night. It took a few weeks to get his bed, clothes, etc. His dad had previously told him if he left that he would leave with nothing. Essentially, he did. His dad even sold a lot of his clothes right in front of him a few months later at a large family garage sale!
My fiancee waited the 6 months to file with the AG's office for a modification of the custody and child support. She got served by a constable this morning. My questions are these.
1. Does she definitely need an atty. to handle this, or can it be done pro se?
2. Is it possible for her to get custody of the 6 yr. old, also? He has become a hellion due to no guidelines or punishments by his father. Even half the time he's with him, he is at other peoples houses. If we thought the father cared, we might not be considering this. Facts are, he works 10 plus hours a day, the child wakes at 4 am, goes to the NCP's brothers to be babysat til 6 then to daycare before school. After school, it's back to daycare until 5 at the very least. Then, it's running around or whatever. He only eats out, things like brownies for breakfast or fries for dinner or at best, a frozen dinner that he warms up himself while dad ignores him as he plays on his pc. I'm talking serious neglect, possibly not criminal neglect, but emotionally damaging in the longterm, none the less.
3. What are the chances of her getting the $4000 plus in child support that's been garnished for CS since Jan. when one of the 2 children came to live with us full time? She's asked him to return it freely, but he uses it to make his truck payment. He's so unintelligent, when this all happened, he thought she would still have to pay half since he would have one child, with her having the other and no support going to her.
4. If we do seek custody of both like we'd like, could he cry to the judge and demand custody back of the 10 yr old , even though we have some kind of temp order because of the worksheet she filed with the AG's office. She swears it says she's his CP now, until the court date.
All in all, we'd like both kids with us, since she and I have one of our own, as well as my 2 from my previous marriage. I don't collect support because I'm disabled and receive SSI or whatever it's called for them from the govt.
Any help or advice on these issues is GREATLY APPRECIATED.
Thanks in advance,
Kev
My fiancee is a NCP of 2 boys, ages 10 and 6. She lost custody when she went to the Atty. Gen. office 2 yrs. ago because she'd let her husband keep the kids due to some lying on the children's part. Needless to say, she should've had an atty., because when she asked the AG's mediator if what she was signing would assign legal custody, she was told no. However, that was a lie, so he got custody. She had gone there for setting up child support, when she was and has gladly paid. This was in approx. Sept. 2006.
Now, to 2008. In Jan., the 10 yr old decided he wanted to come live with us. In our household, we have his half-brother, and another step-brother and a step-sister. When he informed his father, his dad said "Fine! Bye!!" and he moved in that night. It took a few weeks to get his bed, clothes, etc. His dad had previously told him if he left that he would leave with nothing. Essentially, he did. His dad even sold a lot of his clothes right in front of him a few months later at a large family garage sale!
My fiancee waited the 6 months to file with the AG's office for a modification of the custody and child support. She got served by a constable this morning. My questions are these.
1. Does she definitely need an atty. to handle this, or can it be done pro se?
2. Is it possible for her to get custody of the 6 yr. old, also? He has become a hellion due to no guidelines or punishments by his father. Even half the time he's with him, he is at other peoples houses. If we thought the father cared, we might not be considering this. Facts are, he works 10 plus hours a day, the child wakes at 4 am, goes to the NCP's brothers to be babysat til 6 then to daycare before school. After school, it's back to daycare until 5 at the very least. Then, it's running around or whatever. He only eats out, things like brownies for breakfast or fries for dinner or at best, a frozen dinner that he warms up himself while dad ignores him as he plays on his pc. I'm talking serious neglect, possibly not criminal neglect, but emotionally damaging in the longterm, none the less.
3. What are the chances of her getting the $4000 plus in child support that's been garnished for CS since Jan. when one of the 2 children came to live with us full time? She's asked him to return it freely, but he uses it to make his truck payment. He's so unintelligent, when this all happened, he thought she would still have to pay half since he would have one child, with her having the other and no support going to her.
4. If we do seek custody of both like we'd like, could he cry to the judge and demand custody back of the 10 yr old , even though we have some kind of temp order because of the worksheet she filed with the AG's office. She swears it says she's his CP now, until the court date.
All in all, we'd like both kids with us, since she and I have one of our own, as well as my 2 from my previous marriage. I don't collect support because I'm disabled and receive SSI or whatever it's called for them from the govt.
Any help or advice on these issues is GREATLY APPRECIATED.
Thanks in advance,
Kev
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