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Questions about Child Support and Custody.

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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
 
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Zephyr

Senior Member
1. Does she definitely need an atty. to handle this, or can it be done pro se?

It is possible to be handled pro se, it's also advisable to have an attorney though. Winning pro se will take a lot of research and studying and preparation.

2. Is it possible for her to get custody of the 6 yr. old, also?
Possibly, I would certainly not exclude that child in the motion.





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.

Very unlikely. The order was not altered.

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.
That would probably make dad look pretty stupid, doesn't mean he won't do it though. I doubt the judge would move the child for the duration of the case.
 

qurice

Member
Nothing in your post sounds like grounds to overturn custody of the younger child.

Maybe for the older child that is now in your household, based on status quo.
 
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satans_chipmunk

Junior Member
We have had physical, but not legal, custody of the child since Jan. of this year. By my count, that's 9 months and counting, which is more than the 6 required as Grounds to Modify the Custody/Visitation Order.
Any person who is affected by the order can ask the court to modify or enforce the order. Before the court can grant a modification, it must find:

1. that the modification is in the best interest of the child;

2. that the circumstances of the child, a conservator or a party affected by the order have

materially and substantially changed since the order was signed by the court.

3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator.

4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.

Welcome to TX Access

I'm not trying to be argumentative, but the language seems clear here as to our rights and ability to file for custody. Not to mention, I've been told many times that judges don't like splitting up siblings.
On a side note, you seriously don't see any of the things I listed there as reasons to atleast hear the case? I mean, both kids grades while living with him were failing. Since the oldest has come to our home, he's made nothing lower than 1 C on his report card, out of 4 report cards. He even finished the year out last year with a B+ Avg. whereas he had a failing avg. at his previous school with the other parent.
 

seniorjudge

Senior Member
Satan has a chipmunk? :confused:


Q: On a side note, you seriously don't see any of the things I listed there as reasons to atleast hear the case?

A: You can have your case heard; you may or may not win. I strongly urge mediation.
 

Silverplum

Senior Member
We have had physical, but not legal, custody of the child since Jan. of this year. By my count, that's 9 months and counting, which is more than the 6 required as Grounds to Modify the Custody/Visitation Order.
Any person who is affected by the order can ask the court to modify or enforce the order. Before the court can grant a modification, it must find:

1. that the modification is in the best interest of the child;

2. that the circumstances of the child, a conservator or a party affected by the order have

materially and substantially changed since the order was signed by the court.

3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator.

4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.

Welcome to TX Access

I'm not trying to be argumentative, but the language seems clear here as to our rights and ability to file for custody. Not to mention, I've been told many times that judges don't like splitting up siblings.
On a side note, you seriously don't see any of the things I listed there as reasons to atleast hear the case? I mean, both kids grades while living with him were failing. Since the oldest has come to our home, he's made nothing lower than 1 C on his report card, out of 4 report cards. He even finished the year out last year with a B+ Avg. whereas he had a failing avg. at his previous school with the other parent.
"Our rights"???
"We" what???

Somebody failed to read the sticky for newbies...or any other posts, didn't he?

You are nobody here. Absolutely nobody. Your wife's secretary, perhaps. :rolleyes:
 

satans_chipmunk

Junior Member
LOL It's an old AOL Screenname I had, and it's followed me around the net for years.

As for mediation, would we request that at the time of the hearing?

I also found this, in connection to someone saying no grounds for custodial change in the younger child.

If the change is requested within 12 months of the original order, you must also show one of the following:

1. The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;

With that said, the father didn't seek any care for either child the entire first year they were there. The youngest had a toothache due to bad teeth for over 6 mos. Since my fiancee only had him on the weekends, every other, she could never get him in to see anyone. However, the dad has Mondays as well as all weekends off. He even sends the kids to daycare on Mondays, for "alone time". Wouldn't poor diet, not spending adequate (less than 2 hours daily) time with a child, bad grades due to child not being pushed AT ALL in the home or being checked to see if homework was done, along with new bad habits, fighting, etc. fall under the grounds of neglect and impairment to the childs emotional developement?
 

satans_chipmunk

Junior Member
I humbly apoligize. she and her rights.
As for being a nobody here, I do agree. I don't believe I ever claimed to be someone "here" either. I am, however, asking for help, putting myself at you kind folks mercy, and asking for the best, and worst case advice possible.
Thank you! :)
 

seniorjudge

Senior Member
Q: As for mediation, would we request that at the time of the hearing?

A: You need to request it now. Check your local and state rules of civil procedure on how to do it.


Q: I also found this, in connection to someone saying no grounds for custodial change in the younger child.

If the change is requested within 12 months of the original order, you must also show one of the following:

1. The child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development;

With that said, the father didn't seek any care for either child the entire first year they were there. The youngest had a toothache due to bad teeth for over 6 mos. Since my fiancee only had him on the weekends, every other, she could never get him in to see anyone. However, the dad has Mondays as well as all weekends off. He even sends the kids to daycare on Mondays, for "alone time". Wouldn't poor diet, not spending adequate (less than 2 hours daily) time with a child, bad grades due to child not being pushed AT ALL in the home or being checked to see if homework was done, along with new bad habits, fighting, etc. fall under the grounds of neglect and impairment to the childs emotional developement?

A: I don't know. Allege it and prove it the best you can.
 

qurice

Member
I edited my response to you. But you asked specifically about the younger child..

1. that the modification is in the best interest of the child;
Best interest would not be to play musical houses with the child just because Mom decides she wants to parent her children.

2. that the circumstances of the child, a conservator or a party affected by the order have materially and substantially changed since the order was signed by the court.
Nothing has substantially changed with regards to the child. Again, Mom deciding to parent is also not a substantial change.

3. that a child over 12 years of age has filed with the court a written preference for a different primary managing conservator.
Child is not 12, try again in 6 years.

4. that the primary managing conservator has voluntarily given up care and possession of the child to another person for at least 6 months.
Child has been with Dad for 2 years. Mom was the one that voluntarily gave up care, remember?
 

satans_chipmunk

Junior Member
Yes, I know, she gave up care thinking it was in the best interest of the children. In fact, after 2 weeks, he tried giving them back, because , as he put it, "they were too much trouble". The only times he's showed any interest in keeping either of them is to insure she pays him support.
To her, it's not about the money. She, like I, doesn't care about child support from him. If we both have our kids, paying their ways in life isn't an issue.
 

qurice

Member
Yes, I know, she gave up care thinking it was in the best interest of the children. In fact, after 2 weeks, he tried giving them back, because , as he put it, "they were too much trouble". The only times he's showed any interest in keeping either of them is to insure she pays him support.
To her, it's not about the money. She, like I, doesn't care about child support from him. If we both have our kids, paying their ways in life isn't an issue.
Sorry, I don't think you're getting the whole story. She wanted them back, he tried to give them back, and yet, here we are 2 YEARS LATER and Mom still doesn't have both kids.

What has she been doing the last 2 years about her 6 year old behavior problems, low grades, and all the other things you are alleging?
 

Zephyr

Senior Member
Q- with regards to number 2 I think- wouldn't the sibling no longer being in the household be enough of a change of circumstances to include the younger child in the motion??? I would think so
 

qurice

Member
Q- with regards to number 2 I think- wouldn't the sibling no longer being in the household be enough of a change of circumstances to include the younger child in the motion??? I would think so
Maybe, but that happened back in January. My guess is Mom would have a tough time showing why 10 months later it's such a big deal that it should be changed now.
 

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