dispute of child custody

[newwife03]

What is the name of your state? Texas

My ex and I have a 9 year old son together. I want some legal advice on child custody. My son lived with me, I had custody for over 7 years. Up until I admitted my self into the hospital for medical help(depression). The night before I went into the hospital my ex had me sign papers basically switching our roles in custody. There was no witness we did not go to court, I dont even have copies of the papers. I was in the hospital for less than a week. Then continued outside therapy, I stayed in contact with my son but didnt see him regularly because I dint want him to see me that way, for about 8 months. I am back in church, have a good steady job, bought a house on my own. I want my son back with me, and he wants to live with me. Every time I see or talk to him, which is regular now, he asks when can he come back to live with me full time. How do I find out if those papers are legally binding? If they were filed through the courts? Since I wasnt in my right frame of mind can they stand up in court?

 

[tuffbrk]

What court papers are currently in existence? For example, you were divorced on XX date, child was XXyrs old, legal custody was 50/50, you were primary, Dad had visistation...etc, etc. Were child support orders ever filed?

 

[newwife03]

reply

as far as I know, our original papers from 2001. we had joint custody where my son stayed with me and his dad got him 1st 3rd and 5th weekends, I had all rights to decide school, etc. He paid me childsuport. But my ex says he filed the document that he had me sign 1 1/2 ago with the courts, but they werent witnessed. So now I dont know who legally has custody or how to find out.

 

[majomom1]

as far as I know, our original papers from 2001. we had joint custody where my son stayed with me and his dad got him 1st 3rd and 5th weekends, I had all rights to decide school, etc. He paid me childsuport. But my ex says he filed the document that he had me sign 1 1/2 ago with the courts, but they werent witnessed. So now I dont know who legally has custody or how to find out.

Go to the court house and ask for the entire file on your case.

 

[Gracie3787]

as far as I know, our original papers from 2001. we had joint custody where my son stayed with me and his dad got him 1st 3rd and 5th weekends, I had all rights to decide school, etc. He paid me childsuport. But my ex says he filed the document that he had me sign 1 1/2 ago with the courts, but they werent witnessed. So now I dont know who legally has custody or how to find out.

As the other poster said, go to the courthouse and read your file.

If there hasn't been a new order that legally changed custody, then the existing order is what you go by.