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Changes in child custody order

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HRZ

Senior Member
I missed your above post ...if you have cured the visitation barriers be careful about asking court for changes that may turn out to be less satisfactory/ more expensive to you and your view of what is best for child...
 


Rose143

Member
You need to try to pick up the child from him. Call the cops while you are there if he refuses to give you the child. If he still will not give you the child, then you need to file an emergency motion in court asking the court to order the police to assist you in retrieving the child.
We meet at the local police station. He did not show I called him and texted and I got no response. I’ve even reached out to his mother, which was not cooperative. I went into the police station and was told because it is a civil matter all they can do is file a police report and on Monday if my child still is not returned to me I can file an enforcement motion.
 

Rose143

Member
I missed your above post ...if you have cured the visitation barriers be careful about asking court for changes that may turn out to be less satisfactory/ more expensive to you and your view of what is best for child...
So I shouldn’t ask the court to adjust the visitation schedule?
 

not2cleverRed

Obvious Observer
I have already filed. He stopped working so he wouldn’t have to pay.
He is a dingbat.

From Texas AG FAQs: "If you are unemployed and have no source of income when our office reviews your child support order, we generally will calculate a modified child support amount that considers your past employment, your ability to work and earn an income, and the current federal minimum wage."

It sounds like you have tried to set up a reasonable workaround... if Dad is willing to meet you halfway. Do the best you can. If enough people have to file police reports because of his behavior, it may yet rise to the level of someone needing a restraining order against him.

Do the best you can to abide by the current order, and thoroughly document your efforts.

Continue to strive to be reasonable and put the best interest of the child first.

We meet at the local police station. He did not show I called him and texted and I got no response. I’ve even reached out to his mother, which was not cooperative. I went into the police station and was told because it is a civil matter all they can do is file a police report and on Monday if my child still is not returned to me I can file an enforcement motion.
Usually I would just agree, but given recent events in my county (Suffolk, New York), I have a question: do you believe he has just kept the child, or is there any evidence that something more sinister is going on?

If he's just not returning the child, but you believe the child is safe, then yes, file an enforcement motion Monday. And yes, request a modification in the custody/visitation/parenting plan. It is unacceptable that an adult cannot manage to pick up/drop off a child at daycare without misbehaving, and if he is refusing to return the child at his parenting time, the only acceptable reason would be if he believed the child to be in danger with you - which I expect you to tell me is ridiculous to even imply. (And even if that is his reason, this is not the way to do it.)

If you have ANY reason to believe that rather than just keeping the child for extra time, Dad has left the area with the child, then you have to consider that you could be dealing with parental kidnapping.
 

Rose143

Member
He is a dingbat.

From Texas AG FAQs: "If you are unemployed and have no source of income when our office reviews your child support order, we generally will calculate a modified child support amount that considers your past employment, your ability to work and earn an income, and the current federal minimum wage."

It sounds like you have tried to set up a reasonable workaround... if Dad is willing to meet you halfway. Do the best you can. If enough people have to file police reports because of his behavior, it may yet rise to the level of someone needing a restraining order against him.

Do the best you can to abide by the current order, and thoroughly document your efforts.

Continue to strive to be reasonable and put the best interest of the child first.



Usually I would just agree, but given recent events in my county (Suffolk, New York), I have a question: do you believe he has just kept the child, or is there any evidence that something more sinister is going on?

If he's just not returning the child, but you believe the child is safe, then yes, file an enforcement motion Monday. And yes, request a modification in the custody/visitation/parenting plan. It is unacceptable that an adult cannot manage to pick up/drop off a child at daycare without misbehaving, and if he is refusing to return the child at his parenting time, the only acceptable reason would be if he believed the child to be in danger with you - which I expect you to tell me is ridiculous to even imply. (And even if that is his reason, this is not the way to do it.)

If you have ANY reason to believe that rather than just keeping the child for extra time, Dad has left the area with the child, then you have to consider that you could be dealing with parental kidnapping.
Honestly, I don’t know where he is with my child. The last time I saw my child was 10am Saturday when he was dropped off to his father. He refuses to answer any of my calls or text messages. I’ve even told him I’m worried about my child’s safety and he needs his antibiotics. But I still get no response.
 

LdiJ

Senior Member
Honestly, I don’t know where he is with my child. The last time I saw my child was 10am Saturday when he was dropped off to his father. He refuses to answer any of my calls or text messages. I’ve even told him I’m worried about my child’s safety and he needs his antibiotics. But I still get no response.
You do not know where he lives?
 

HRZ

Senior Member
Texas penal code 25.03 says it is a criminal issue....and Dad is far beyond a simple blunder as to schedule and rights ...and it's a felony level crime ..albeit the literature suggests it is rarely enforced as such .

IF you have cured the pick up and drop off issues then it's a bit of a toss up ...but it may make sense to get it modified to suit your fact pattern and not rely upon continued services of Mom and Sis .....just my lay view .

ME, I'd be sure to focus on getting a child support order in place ......what was his hourly earning capacity before he dropped out of the workforce...that might be important point in computing his ability to pay .
 

not2cleverRed

Obvious Observer
Last known address was his mother’s but she claims he doesn’t live there anymore and she doesn’t know where he is living.
Given this, I'd inclined to report this as a "missing person" issue if you don't get an update by tomorrow.

It's unclear whether you were aware of Dad no longer living with his mom when you filed the police report.

Either way, perhaps the next time you are in court, this issue should be addressed. You are talking about not knowing where Dad lives, Dad not showing up with the kid for an exchange, Dad not responding to when you ask where kid is during your court ordered parenting time.

Oh, and another thought: it is tougher to serve someone whose address you don't know.

Everything's probably fine, your son is probably happy and fine, but you're not unreasonable to be concerned. Dad is not acting in a mature, reasonable, and logical way.
 

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