Custody and child support

[Beamer]

Hi, I live in Texas and am tired of going to court. Last year my husband's daughter told us she would like to live with us. We hired a lawyer and set a court date in the town that the original divorce was settled. Unfortuanately, my husband's ex-wife convinced their daughter to stay at the last minute and so the case was dropped. Now in May of this year the same daughter mentioned she needed to get out of her mothers house again. She is 13 and has very valid reasons for leaving, but her mother makes her feel guilty for wanting to leave. We took custody of her without going to court in July. Unfortunately the child support is sent from my husbands check before he sees it so we have no control over what is sent. Her mother still receives the full amount for both children, but promised to send 1/2 of the child support to us each month. Of course she never sends it and the child has been here for 4 months. If we go to court do we have to go back to the city where the initial divorce was settled? Also, can we try to get back child support even though the primary custodian is still listed as the mother on the divorce decree? Can the daughter sign an agreement stating that she wants to live with us without having to go to court?

 

[I AM ALWAYS LIABLE]

Can someone assist this stepmother?

I'm having a TilDawn "moment".

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited October 29, 2000).]

 

[LadyBlu]

I have made a IAAL resolution not to touch these things anymore... sorry...

 

[Jenifa]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
Can someone assist this stepmother?

I'm having a TilDawn "moment".

IAAL

<HR></BLOCKQUOTE>

IAAL - I have an idea. Maybe when you have advice for a stepparent, if you want, tell me what to say, in another post and I'll say it. I really don't know the laws, as you know, so maybe I can assist that way? (Just don't go mentioning those tildawn b a l l s again - LOL) Maybe, me being a step-parent myself, reading it from me, would help them to digest the information better? LOL That 'plan' if you agree with it, may have to wait until after I've recovered.

Yes, it is early a.m. and I am wide awake...none of you, my friends, are here, and I am having CONTRACTIONS!!!!!! YIKESS!!!! I called the doc and hubby. Hubby is on his way home from work, and doc said to go to the hospital to have that fetal monitor (that thingy that measures contractions) done, to see if I'm in labor or if it's false. If you don't hear from me within the next 12 hours, I am having the bambina. Now, I've got to call my friend to come stay with my sleeping children. If it's false, she's gonna kill me for waking her so early this a.m.

Love to all...

Jenifa

 

[I AM ALWAYS LIABLE]

Jenifa:

I'm right here, holding your hand.

We'll talk about the other stuff, later.

Go have the baby!! I told you she was coming early !!

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[LadyBlu]

Ohhh no, she cant go into labor yet... We havent had the Cyber Shower....

 

[Always searching]

Had to work most of the weekend!!!!!!What have I missed!!!!!!!!!!!We are right there Jenifa!!! Breathe!!!!!!!!!!!!!!!!!!!!

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Beamer:
Hi, I live in Texas and am tired of going to court. Last year my husband's daughter told us she would like to live with us. We hired a lawyer and set a court date in the town that the original divorce was settled. Unfortuanately, my husband's ex-wife convinced their daughter to stay at the last minute and so the case was dropped. Now in May of this year the same daughter mentioned she needed to get out of her mothers house again. She is 13 and has very valid reasons for leaving, but her mother makes her feel guilty for wanting to leave. We took custody of her without going to court in July. Unfortunately the child support is sent from my husbands check before he sees it so we have no control over what is sent. Her mother still receives the full amount for both children, but promised to send 1/2 of the child support to us each month. Of course she never sends it and the child has been here for 4 months. If we go to court do we have to go back to the city where the initial divorce was settled? Also, can we try to get back child support even though the primary custodian is still listed as the mother on the divorce decree? Can the daughter sign an agreement stating that she wants to live with us without having to go to court? <HR></BLOCKQUOTE>

At the end of December you can petition in the your local court providing there is not something in the original order setting jurisdiction and there has been no further legal action in the state where the mother is. You would have an attorney file for a change of jurisdiction under the UCCJA.

At the same time, you also petition for a change in CS. No you can not have back support, you pay it until ordered by a court otherwise.

No, you can not get the child to sign anything except birthday and christmas card.

 

[Beamer]

Thank you for your help.