Can i ask the judge?

[paul-6749]

What is the name of your state (only U.S. law)? TX

I was granted temp custody with our childs mom having every other weekend. Me and me soon to be X came to a agreement and she signed a decree keeping things the way there are now with me having custody and her having visitation ever other weekend. in there it states that no child support is asked for at this time. Things have changed. My soon to be X has moved 50 miles away in a apartment with 6 people and there is no room for our 3 year old boy there. so she has not seen him or come to get him at all. When we came to this agreement she told me she would keep him while i was at work so i would not have to pay for daycare. thats why i was not asking for support. Now i am having to pay a babysitter and will need to do so for i while. We have a finial court hearing on the 20th. Do you know if i can tell the judge this if he will grant me some kind of child sport?

 

[Proserpina]

What is the name of your state (only U.S. law)? TX

I was granted temp custody with our childs mom having every other weekend. Me and me soon to be X came to a agreement and she signed a decree keeping things the way there are now with me having custody and her having visitation ever other weekend. in there it states that no child support is asked for at this time. Things have changed. My soon to be X has moved 50 miles away in a apartment with 6 people and there is no room for our 3 year old boy there. so she has not seen him or come to get him at all. When we came to this agreement she told me she would keep him while i was at work so i would not have to pay for daycare. thats why i was not asking for support. Now i am having to pay a babysitter and will need to do so for i while. We have a finial court hearing on the 20th. Do you know if i can tell the judge this if he will grant me some kind of child sport?

You can request child support, yes.

You might also want to actually modify the visitation to reflect the distance (in terms of pick up and and drop off, and in terms of daycare).

 

[paul-6749]

Im just worried that this decree is singed by both us that the judge will stick to it. I guess i should just be happy that out boy is staying with me as thats whats best for him but its looking more and more like mom is not going to be around as much as i thought. She dont have a job or any money. Dose that make a difference when the judge is considering support?

 

[Just Blue]

Im just worried that this decree is singed by both us that the judge will stick to it. I guess i should just be happy that out boy is staying with me as thats whats best for him but its looking more and more like mom is not going to be around as much as i thought. She dont have a job or any money. Dose that make a difference when the judge is considering support?

Sorry. Pet peeve. The word is "does". A "dose" is what you get from your Dr. when you get sick.

 

[paul-6749]

sorry my spelling is bad and im dyslectic.

 

[Proserpina]

sorry my spelling is bad and im dyslectic.

Sigh..don't worry about your spelling.

You can withdraw the agreement at any point before the judge actually signs off on it.

How about you and Mom draw up a new agreement for custody and discuss child support?

 

[paul-6749]

I would also like to ask once i have custody what would it take for my soon to be X to get custody? If she gets her life straight and decides she wants our boy. If everything is good with him living with me is a reason needed to change the custody? How will that work if it comes to that?

 

[paul-6749]

Mom is in a bad place both mentally and physically. She will not talk about anything with me or our boy right now. Much less agree to pay anything. Im sorry to say.

 

[Proserpina]

I would also like to ask once i have custody what would it take for my soon to be X to get custody? If she gets her life straight and decides she wants our boy. If everything is good with him living with me is a reason needed to change the custody? How will that work if it comes to that?

If you are awarded primary custody (conservatorship in Texas, I believe), then Mom would have to show that something significant has changed in your son's life in order for that to change in the future.

In other words, she can't just decide a year from now that she wants to be primary - she needs a reason.

Dad, I really do think you should spend some time reading these forums. Try to focus mainly on Texas threads, but don't be shy about reading others. There's a wealth of information and you can learn an awful lot about how this all works.

 

[paul-6749]

Thank you all for your help. Do you think you could give me a link to one of thees TX threads? Also i should point out that there is also another child that is not biologically mine. She is also staying with me due to the living conditions of the mother. I hope to god My soon to be X lets me keep her for good but thats another story.

 

[Proserpina]

Thank you all for your help. Do you think you could give me a link to one of thees TX threads? Also i should point out that there is also another child that is not biologically mine. She is also staying with me due to the living conditions of the mother. I hope to god My soon to be X lets me keep her for good but thats another story.

That's going to be a whole different problem. If you're not the child's legal father (biology might not matter), you have no rights to her. Mom can literally take her back at any time.

Where is that child's father?

 

[paul-6749]

Yeah i know there is not much i can do about that. as sad as that is. Her dad has not been heard of in 7 years. out of the picture. Ill do what ever i can for her though iv had her from day 1.

 

[Proserpina]

Yeah i know there is not much i can do about that. as sad as that is. Her dad has not been heard of in 7 years. out of the picture. Ill do what ever i can for her though iv had her from day 1.

Yeap, unfortunately there's not a whole lot to be done. Mom can't give you custody, so if she allows her to stay with you that's about the best you can hope for.

In order to find threads about Texas, just use the "search" function at the top of the page and type "Texas custody", or "Texas divorce with children". Play around with the search terms.

You can also refine the search to just a particular forum, which also might help you.