custody modification questions in texas.

[kawijames1]

first off my child support is at texas' limit 20% so lets get that out of here.

I spanked my son with my hand. nothing else. he bruises easily( borderline anemic)

I don't have unlimited resources to fight in court when no agency is willing to help. I make $10 an hour and support my household and pay my CS every single month thanks.

if anyone is willing to tell me how I cover my self from any more accusations before they go judging me I'm all ears.

is there anyone out here that is willing to answer my question? how do I counter file to keep what custody I do have.

if you are only here to bash me for not being able to afford a 300 an hour lawyer and tell me this is about CS then you are awfully judgemental and have never ever been accused of half the things I have been so far.( all of which have been proven to be untrue)

 

[Ronin]

My divorce was finalized in 2008. i have been sued by my ex wife for modification of custody and child support. I have NOT exercised my right to visitation since september of 2008.

is there anyone out here that is willing to answer my question? how do I counter file to keep what custody I do have.

An attorney would most likely promptly file a motion to have her suit for modification dismissed. This based upon her having insufficient grounds for modification under Chapter 156 of the Texas Family Code. The basis for her suit for modification is two-fold, and she is probably trying to hedge her bets in the hopes of getting the door open with at least one claim. So you need to nip both claims in the bud.

(1) Given you are out of state, not exercising your rights of visitation for six months is in itself an insufficient basis for a suit for modification. That is unless you intend to continue not exercising your right of visitation. If you do intend to continue, offer a reasonable explanation for why you were remiss on your prior comittment, and whether or not you intend to comply with your current visitation schedule as written. Just understand that although visitation is not an order that you are required to comply with all the time, you are expected to act reasonably and responsibly with visitations, or you could lose some rights.

(2) Read chapter 156.401. It outlines the grounds for modification of child support. If your ex does not meet the criteria then try to have her claim for modification of child support dismissed.

If you can prevail on your objections to both her claims then the suit should be dismissed. If the suit is not dismissed, then whatever claim she prevails on will be addressed by the court.

I have not made any attempt to see him due to multiple accusations from my ex-wife.

if anyone is willing to tell me how I cover my self from any more accusations before they go judging me I'm all ears.

Man up and act like a father to your son. Exercise your visitation as much as you possibly can. Stay current on child support. All you can do is deal with any false allegations as they come up. This is not an acceptable excuse for cowering away from your son. If the allegations are false, then it will be evident over the long run. I don't mean to be overly harsh, but I have some first hand experience with false allegations, and these things need to be met head on. Avoidance will only do more harm than good to your case.

 

[CJane]

Again, like everyone else, I'm confused as to why you CARE if she modifies. You're not exercising visitation anyway and living OVER 1000 miles away.

But I'm ALSO confused why you're upset that she didn't request mediation. Would you RATHER be forced to drive to TX for mediation appt(s) AND THEN court?

 

[kawijames1]

Ronin, thank you! thats exactly what I needed to know. the motions will be filed this week.


for everyone else. once you have been on the wrong side of a felony child abuse allegation which cost you your job, your friends, and darn near put you in jail before the accusation was investigated then you can speculate if i care or not. its easy to judge if you havent been in those shoes.

in september despite the allegations flying, i saw my son on visitation.immediately afterwards I was investigated due to more allegations. I moved to a state close enough to get to my son withing 15 hours of driving yet far enough to keep my ex at bay.

being afraid of going through that again is not too different from torture. would you go back for more abuse? ask yourselves that before you judge my actions of moving and not exercising my rights. I wanted to see my son this summer for extended visitation. and guess what? she filed for supervised visitation only.

step into my shoes for a second. imagine your child being taken away from you, then listen while the same person that left you AND your child with no food, money, electricity and the house in foreclosure to run off with her boyfriend tell the courts you are abusive and a "rapist" to get the child SHE left behind back for the CS. now start fighting to get your child back, and every time hear her tell the courts how you COULD do this and COULD do that(even though you have not and would not). Watch your custody slip farther and farther away. All the while your lawyer is telling you "just be glad you aren't being arrested for those accusations". Then because of the investigations, lose the majority of the custody you had in the divorce.

After you have lived through that for a while then come tell me how you think I dont care about seeing my son. I'd give my entire paycheck every month if i could see my boy without fear.

 

[my life is mine]

Then I would ask for you to have a child at least at a supervised center this way Mom cannot say anything about you and you get to spend time with your child!

 

[Ohiogal]

I spanked my son with my hand. nothing else. he bruises easily( borderline anemic)

The problem is there is a concept in the law called eggshell plaintiff -- the standards are the same (bruising means abuse) and you must adapt your actions or deal with the outfall of them even if the person injured is fragile. If you bruise your child from spanking that is still abuse and you can legally charged with it. Even if the child is anemic. YOU know about the anemia so you must be responsible in your actions.

I don't have unlimited resources to fight in court when no agency is willing to help. I make $10 an hour and support my household and pay my CS every single month thanks.

And you could always go pro se if you wanted a relationship with your child.

if anyone is willing to tell me how I cover my self from any more accusations before they go judging me I'm all ears.

DO NOT LAY A HAND ON YOUR CHILD!

is there anyone out here that is willing to answer my question? how do I counter file to keep what custody I do have.

Read the local rules, the rules of civil procedure, and the statutes. Understand them. OH and start exercising your visitation. Because quite frankly you are going to lose since you don't appear to want custody.

if you are only here to bash me for not being able to afford a 300 an hour lawyer and tell me this is about CS then you are awfully judgemental and have never ever been accused of half the things I have been so far.( all of which have been proven to be untrue)

Really? It has been proven untrue that you spanked your child until he was bruised -- hence abuse? Oh yeah that was fact. But you have an EXCUSE.

 

[kawijames1]

I'm filing the modification answer this week. for now I am going to have to represent myself until i can find some money to get a lawyer.