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txdad2013

Junior Member
What is the name of your state (only U.S. law)? tx

Here is the back story:

*Our Daughter will be 15. Mom has not seen or spoken to her since September. Mom has text her twice on step mothers phone some pretty nasty things but thats it. Mom has not tried to come pick her up. Has not called her
*Mom lived with us for almost 2.5-3 months and moved out Aug 15 because she was homeless. That was awful. She treated daughter awful. That was her time to see our daughter and the only thing she did was use her as a babysitter and yell at her. NEVER did 1 thing with her the ENTIRE TIME. But did with her kids.
*Before that she lived out of state and didnt see our daughter for about 3 months and talked to her once. We did not know she moved out of state until she was gone
*before that she lived here and in that past year maybe got daughter 30% of her 20% of time.
*during all the above phone calls rarely happened. When daughter did visit she was used as a babysitter and she treated her awful. Mom would call and complain to either me or step mom all the time then just drop daughter off early

Heres whats going on. Mom is now moving out of state again. Still has not seen or spoken to daughter. The attorney general contacted me and told me that they were setting up a meeting to see what kind of payment plan they can set up. 4 years ago I erased over 13k of back child support. She is only suppose to pay 180 a month and I dont want to erase it again as if I ever get it it could really benefit our daughter with a car or help college since we do not have alot. Mom claims that since she pays for a kid she is going to start making daughter go to her. I want them to have a relationship. But since mom is moving again daughter would be 22 hours away. Which our daughter is having a huge problem with given their past. I think they need counseling. Mom wont go. I do not have alot of money to hire a attorney . Daughter does not want to be forced to be out of state all summer and breaks with all of the above. In the past year our daughter has gotten very competitive in diving. CO she has to allow me to get her to her practices and meets but I cant exactly pick her up.

What is our CO: 1,3,5 weekend alternating holidays , 30 days in summer. If over 100 miles then it is any one weekend of her choice, all spring breaks, alternating holidays, 45 days in the summer. Extracurricular activities state: IT IS ORDERED that child shall be allowed to engage in reasonable extracurricular activities of her choosing. The parents shall work together to accommodate transportation for child to such extracurricular activities. In the event that the parent with possession of child is unable to transport her to such extracurricular activity, the other parent should be offered the opportunity to take her, and must pick her up and drop her off at that parent�s residence.

What do I want: I want to have them work on their relationship which mom is not willing to do. She is only willing to go from above to "well if I have to pay she will come babysit". Our daughter wants to speak with a judge. Apparently she has been speaking with one of her friends who did this. She wants to not be forced.

I called a attorney yesterday. I do not have alot of money. She said she could not take my money right now because it would be like stealing it. That I need to just continue the way I am. She said if mom buys a plane ticket for our daughter I can not force her on the plane. I need to take her there and try. But she is almost 15. She said to always have her available and if mom wants to come get her let her but I do not need to physically force her. She said if mom wants to go to court let her then I can hire her then let daughter speak with a judge.

Is this right? It feels wrong? As I said above I have NEVER held our daughter from her. She has never even shown up for her. So I have never been in this possession. Is there a way to let our daughter speak with a judge without spending 4k? I dont want a nasty fight.
 


Proserpina

Senior Member
22 hours away? Where the heck is she moving to...Australia?!

Ugh. This is potentially messy.

You need to change the custody order if Mom is moving. Has she actually given you notice? I do have some suggestions but I'm hesitant without knowing first if Mom has officially given you notice of the move.
 

txdad2013

Junior Member
22 hours away? Where the heck is she moving to...Australia?!

Ugh. This is potentially messy.

You need to change the custody order if Mom is moving. Has she actually given you notice? I do have some suggestions but I'm hesitant without knowing first if Mom has officially given you notice of the move.
She hasnt given me written notice , which she will not. She informed step mom she will be moving at the beginning of July sooner if possible.
 

txdad2013

Junior Member
22 hours away? Where the heck is she moving to...Australia?!

Ugh. This is potentially messy.

You need to change the custody order if Mom is moving. Has she actually given you notice? I do have some suggestions but I'm hesitant without knowing first if Mom has officially given you notice of the move.
forgot to say where she is moving. To TN
 

txdad2013

Junior Member
I-95 makes that pretty much a straight shoot.

If you are trying some route where there is no highway going roughly straight between 2 points, things can be a lot slower.
Not sure. Never done the drive or even been in the state. I did mapquest just to get a estimate. But from past experiences...mapquest is not always best lol
 

Proserpina

Senior Member
Stop stop stoppity stop with the journey time thingy please just for a sec.

We get it - Mom's moving a significant distance away, and hasn't yet bothered to inform Dad or the court.

Dad, you can do one of two things.

1. File for a modification now, which will more or less force Mom to give a definitive answer in court.

2. Wait it out. If Mom does file to modify custody, then respond.

(we can go back to journeying now :D )
 

Zigner

Senior Member, Non-Attorney
From close to the most southern point of TX to close to the most north-eastern point of TN shows 20 hours drive time (per Google maps)
 

txdad2013

Junior Member
Stop stop stoppity stop with the journey time thingy please just for a sec.

We get it - Mom's moving a significant distance away, and hasn't yet bothered to inform Dad or the court.

Dad, you can do one of two things.

1. File for a modification now, which will more or less force Mom to give a definitive answer in court.

2. Wait it out. If Mom does file to modify custody, then respond.

(we can go back to journeying now :D )
The problem is she most likely will not file anything with the courts. Will all her moves she never has. But she is thinking of forcing our daughter out there. Which our daughter does not want to go. What is the most reasonable way to do let our daughter speak with a judge?

Is what the attorney told me yesterday correct? Just keep going the way I am and If mom shows up make daughter available and if daughter doesnt go I cant force her and let mom take me to court?

A. I dont want to get into trouble
b. I want to have what I could in writing but I do not have the money as we have been to court 4 different times
 

Ohiogal

Queen Bee
The problem is she most likely will not file anything with the courts. Will all her moves she never has. But she is thinking of forcing our daughter out there. Which our daughter does not want to go. What is the most reasonable way to do let our daughter speak with a judge?

Is what the attorney told me yesterday correct? Just keep going the way I am and If mom shows up make daughter available and if daughter doesnt go I cant force her and let mom take me to court?

A. I dont want to get into trouble
b. I want to have what I could in writing but I do not have the money as we have been to court 4 different times
So you can't force your daughter to do anything? You don't force her to clean her room? Go to the doctor? Go to school? Go to sports practice? You don't parent her? Quite frankly you haven't taught your daughter respect for authority. If mom shows up, make daughter available and MAKE her go. OR you go back to court. Without an open court case, daughter doesn't talk to judge. When you file to modify custody/visitation, you request an in camera.
 

txdad2013

Junior Member
So you can't force your daughter to do anything? You don't force her to clean her room? Go to the doctor? Go to school? Go to sports practice? You don't parent her? Quite frankly you haven't taught your daughter respect for authority. If mom shows up, make daughter available and MAKE her go. OR you go back to court. Without an open court case, daughter doesn't talk to judge. When you file to modify custody/visitation, you request an in camera.
That is what the attorney told me. Because of the standard mom has held? What is a in camera?
 

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