out of state visitation

My husbands ex has joint custody of their son. She lives in Tennessee and we live in Texas. Problem is, he has visitaion rights for 4 weeks in the summer and has not been paying his child support because of finacial difficulty. Last summer she said that he could not come get him for the summer because she did not trust him and he has not been paying child support. We would like to be able to have visitaion this summer in Texas and possibly obtain custody. What are my husbands chances in getting custody in this matter? What are his rights???

[MySonsMom]

Your husband has rights to his court ordered visitation. If she is not allowing the visitation, he can take her to court to enforce the orders.

As far as obtaning custody, why on earth would you want to try to do such a thing? If he and you cannot even pay your child support, what in the world makes you think that you can raise this child in your home? It takes ALOT more money to have a child living with you, than simply paying child support.

By any means, his chances are slim to nill. Unless she is neglecting or abusing the child; don't waste your time.

Get your finanicial matter in order, and get paying child support. If you want to pursue your court ordered visitation; get an attorney in the state that the child lives in and travel there to take her to court.

You need to start paying child support PLUS pay her what you owe her in past support. Focus on that, rather than trying to fight for custody. You will be more in the hole financially if you fight a fight that you have little chance at winning.

Good luck.

[Ambr]

when a court decides custody - being able to financially provide for the child is a factor it considers.

if you are not able to pay your support, how do you expect to be able to support the child. if the answer is - she will have to pay support and assist in supporting the child and you will be able to live that way - you sunk your own ship.

a judge will see through the custody request as the father trying to get out of his support obligation and money being the reason for the requested change of custody.

also, you will need grounds for a change in custody. there has to be a "significant change in circumstances". what has changed since the custody was last decided. anything?

visitation and child support are two separate issues. she can not withhold visitation because the ex is not paying his support. she is in contempt. and you could take her back to court for this.

i don't think that a judge would consider your custody request in good light. i would suggest getting current on your support and keeping it current. then if circumstances change then going back to court. but just wanting to take her back JUST BECAUSE you want the child with you now. isn't reason enough.

sorry