Child visitation

[cruzer]

What is the name of your state? Tx
I just recently settled on a custody issue and it has been a couple of weeks since. Well up to this point the judge has not signed it. My attorney is out of town and my x already wants to pick up our child. What rights do we have? Another thing I already know child support will be an issue as in her not paying. What steps can I take to ensure the proper pressure is applied to her. Another thing if I now am not satisfied with the result how long do I have to wait to modify the order? As in back child support. I didn't ask for it or waived it at that point.

 

[lsut1ger]

I don't see why the NCP should be denied visitation b/c of the order not yet being signed. Unless you think she's a flight risk, you should be able to handle it among yourselves until the Order is signed.

As far as not paying child support, all you can do is wait and see what she does. If she does not pay, then you can bring her to court for contempt. Have your attorney apply pressure in the form of letters threatening contempt if she misses a month or two of payments.

 

[cruzer]

Yeah, I feel real suspecious about this whole matter. First of all I've raised him since he was born and he is already a teen, she has only seen him 2 or 3 times in person.(she had given him up but not her rights) My attorney was outside the court room dealing with her and told her he knew I could be alittle forcefull with my son (my wife heard him) he's only met my son once. So I don't know where he got that from. I would have fired his a** on the spot but I didn't know what would take place then. And yes I am over protected of my son she is a stranger to him. Can I get another attorney to go after the child support oh what about the back child support?

 

[Boxcarbill]

Yeah, I feel real suspecious about this whole matter. First of all I've raised him since he was born and he is already a teen, she has only seen him 2 or 3 times in person.(she had given him up but not her rights) My attorney was outside the court room dealing with her and told her he knew I could be alittle forcefull with my son (my wife heard him) he's only met my son once. So I don't know where he got that from. I would have fired his a** on the spot but I didn't know what would take place then. And yes I am over protected of my son she is a stranger to him. Can I get another attorney to go after the child support oh what about the back child support?

Sometimes it is better to let the court decide all issues rather than to work out an agreement. This is one of those cases. If both parties have signed off on the agreement or even if they did not but the agreement was announced in open court under Rule 11, then the agreement is binding on the parties regardless of when the judge signs the order.

As to modification of Order Establishing Possession and Access, the circumstances of the child, a conservator, or other party affected by the order must have materially and substantially changed since the date of the rendition of the order.

Retroactive child support--i.e. where there has been no prior order of child support--the order can reach back only 4 years. If, however, there was a court order of child support, then and the "back child support" is arrears , then arrears accummulate along with the interest.

Representation ends with entry of the order in which the attorney was hired. Therefore you can hire another attorney to represent you on the child support or contempt should it become necessary or another modification.