i need a solution!!!

[jenny05280]

i live in texas, and want a divorced to my husband, also i want to have the full custody of our children, we are separated for almost 6 yrs. and he live now in florida...we both want the custody, but i know they would be better off with me, he don't have a place, just renting a room to a friend, he keep on moving from different state, don't keep a job but he said to me that i don't earn enough money to support my kids, he never send me any money to help me so i think i have more chances to win this case, so i am going to need an attorney for my case that will not charge me too much, please advise me or recommend an attorney to me, thank you

 

[dorenephilpot]

I can answer this in terms of Indiana law, where I practice. With that in mind:

If you have been taking care of the kids for six years and there are no allegations of abuse or neglect, then he's going to be hard-pressed to get custody of the kids. Sounds like he's not in a position to take them anyway.

He is obligated to pay support for his children. If you don't make enough money to support your kids, maybe with his support money you would. That's not grounds to take the kids from you -- especially when you have been providing for them to the best of your ability and apparently w/out any help from him.

Yes, you need an attorney. Often you can get the court to order HIM to pay your attorney fees. Ask your attorney about this.

Don't procrastinate on this -- the sooner you get it going, the sooner you're going to start collecting your child support from the guy.

He apparently doesn't know much about the law, given that he told you you can't have custody because of your income -- and that he hasn't been helping to support them himself.

If you don't have any friends who can give you an attorney's name, contact the bar association and see if you can get a few referrals. Then call and talk to those attorneys. Pick one that you feel comfortable with. You are the customer, and you have a right to hire an attorney who is responsive to your needs.

Hope this answers your questions.

 

[jenny05280]

thanks for the information it helps a lot, but more question i need to ask on those 6 yrs this last july i have the kids full time with no help, those first yrs...he moved to tennessee to his cousin then don't like there he stayed maybe 4 months, then he moved back here then he decided to moved to california, but the boys he took them away from me then moved back here in texas 1998 but those yrs i don't have the boys he mostly left them to our friend in california coz his job always driving around from diff. state then something didn't work over there he moved back here, then i think he loose his job here then have so many tickets never take care of it, then decided to moved to florida, with his brother then his brother girlfriend i think didn't like the idea of so many people in her house so he said he will let me have the boys without any help from him to see if i can manage but he thought i cannot managed and give up our boys in few months, but so far me and the boys managed without any help from him...now they like their ...school, and have so many friends here...i have more to say but i will continue later on when i get home...to tell u more about it...again thanks for replying to my question...

 

[dorenephilpot]

In Indiana, you cannot "trade" custody for child support, as he is suggesting be done by saying, "I'll let you have the kids, if you agree not to pursue support from me."

That support is a right that the CHILDREN have and not something that you or can negotiate away for custody rights.

The court WILL order support, and if what you have told me is true about your circumstances, it's likely you will end up w/custody.

But you MUST get an attorney because this looks like a messy case.

If you don't and you lose custody of your kids, you will kick yourself for the rest of your life.