Can I win Custody?

[codom2000]

Courts--Texas

I was divorce in 07, my ex have primarily custody and I have secondary custody---I.E. Joint Custody in Texas. My ex left to go work overseas in Iraq 3 months ago. She didn't notify me, and I wasn't able to get my son for the summer due to her leaving and her mother (not answering the phone) no contact. My son is living with my ex mother in my ex home in texas. My ex is remarried with an additional child. I would prefer me raising my child than the step dad and his grandmother. I have no history of being bad father and support my child at best with phone calls/ visit and pays child support. I have an great living condition and can easily support my son just as well as they could.

Do I have a chance of getting my son and pretty much reversing legal issues. Did my ex voided her custody since she is working overseas and cant provide adequate care for our son?

 

[Proserpina]

Courts--Texas

I was divorce in 07, my ex have primarily custody and I have secondary custody---I.E. Joint Custody in Texas. My ex left to go work overseas in Iraq 3 months ago. She didn't notify me, and I wasn't able to get my son for the summer due to her leaving and her mother (not answering the phone) no contact. My son is living with my ex mother in my ex home in texas.

So what have you done about this? Have you enforced your visitation order?

My ex is remarried with an additional child. I would prefer me raising my child than the step dad and his grandmother. I have no history of being bad father and support my child at best with phone calls/ visit and pays child support. I have an great living condition and can easily support my son just as well as they could.

Do I have a chance of getting my son and pretty much reversing legal issues. Did my ex voided her custody since she is working overseas and cant provide adequate care for our son?

She is allowed to have someone else take care of her child - what does your decree say? Do you have ROFR? (right of first refusal)

 

[codom2000]

So what have you done about this? Have you enforced your visitation order?



She is allowed to have someone else take care of her child - what does your decree say? Do you have ROFR? (right of first refusal)

No I don't have a ROFR but this not just her child this is my child to I'm not talking about a weekend i'm talking about gone out this country for over a year. If thats the case she leave the country for years and it doesnt matter?..I seriously disagree I think there has to be some legal boundary to this matter.. Heck when we divorce that was the main reason I lost custody because I was in the military and with deployments, the judge felt I was unable to care for the child adequately do to my job.

Enforced my visitation? She left in may 09, visitation was in the summer 09
I'm trying to get lawyer involved now..as we speak

 

[Ohiogal]

No I don't have a ROFR but this not just her child this is my child to I'm not talking about a weekend i'm talking about gone out this country for over a year. If thats the case she leave the country for years and it doesnt matter?..I seriously disagree I think there has to be some legal boundary to this matter.. Heck when we divorce that was the main reason I lost custody because I was in the military and with deployments, the judge felt I was unable to care for the child adequately do to my job.

Enforced my visitation? She left in may 09, visitation was in the summer 09
I'm trying to get lawyer involved now..as we speak

Why didn't you GO PICK UP YOUR CHILD for your visitation? Seriously?

 

[codom2000]

Why didn't you GO PICK UP YOUR CHILD for your visitation? Seriously?

Well for starters I fly to Texas to pick up my son, I been doing that every since divorce. I called her to speak with my son back in may and she blew on me not to call her cell phone again and called the house phone, i knew something was fishy, she just dont start argument for no reason. Then as usual 3 weeks before my schedule summer visits i called to confirmed I have tickets and what flight he's going to be on and when I will be at the airport thats when I get no answers from phone, email or nothing...finally end of summer I try calling again and thats when her moms picked up the phone and said I seen this number plenty of times on the email. I want to do this the right way. I could of still took flight to texas but now there a chance of wasting money and not seeing my son and I didnt wont my emotions to make bad decisions. I feel disrespected as his father she could of at least coordinated the schedule visit but she choose not too. Is she the victim?
I think its my father and son relationship.

 

[Proserpina]

Well for starters I fly to Texas to pick up my son, I been doing that every since divorce. I called her to speak with my son back in may and she blew on me not to call her cell phone again and called the house phone, i knew something was fishy, she just dont start argument for no reason. Then as usual 3 weeks before my schedule summer visits i called to confirmed I have tickets and what flight he's going to be on and when I will be at the airport thats when I get no answers from phone, email or nothing...finally end of summer I try calling again and thats when her moms picked up the phone and said I seen this number plenty of times on the email. I want to do this the right way. I could of still took flight to texas but now there a chance of wasting money and not seeing my son and I didnt wont my emotions to make bad decisions. I feel disrespected as his father she could of at least coordinated the schedule visit but she choose not too. Is she the victim?
I think its my father and son relationship.

Where did anyone say she was the victim?

You didn't go to get your son - reasons aside, that's the bottom line. If you want to change the current custodial arrangement you need to do it properly, through the court.

Please clarify though - is Mom military?

 

[codom2000]

Where did anyone say she was the victim?

You didn't go to get your son - reasons aside, that's the bottom line. If you want to change the current custodial arrangement you need to do it properly, through the court.

Please clarify though - is Mom military?

We are both ex military she's on a contract job in iraq. I didnt go and picked up my son and my ex should be held accountable for it because my son was not going to be at the airport after repeated emails and no response I lost over 400 dollars in ticket fees

 

[Proserpina]

We are both ex military she's on a contract job in iraq. I didnt go and picked up my son and my ex should be held accountable for it because my son was not going to be at the airport after repeated emails and no response I lost over 400 dollars in ticket fees

Your ex is probably not going to be held accountable for you not going to pick up your son.

Had you actually gone there and were unable to pick him up you would be able to file for contempt.

 

[kimberlywrites]

o/t for a quick moment

(Dog where ARE you? My pms are on. I mean, pm's. not pms. that's something entirely different)

 

[codom2000]

Your ex is probably not going to be held accountable for you not going to pick up your son.

Had you actually gone there and were unable to pick him up you would be able to file for contempt.

Well Im just trying to see if I have a shot at obtaining custody...since she's not in the states? I would love to have my son. Times are tough and I dont wanna just give money away with small percentage of winning.

 

[Proserpina]

Well Im just trying to see if I have a shot at obtaining custody...since she's not in the states? I would love to have my son. Times are tough and I dont wanna just give money away with small percentage of winning.

Yes, you do have a shot at custody. Nobody can really gauge how much of a shot that is though - it won't hurt to have at least an initial consult with an attorney.

Sit down with one, lay it all out and see what the attorney says.

 

[codom2000]

Yes, you do have a shot at custody. Nobody can really gauge how much of a shot that is though - it won't hurt to have at least an initial consult with an attorney.

Sit down with one, lay it all out and see what the attorney says.

Ok thanks alot I just didnt wanna go through this procedure blind