TX determination of custodial status

[jpflug]

My ex and I were divorced a year ago. We have two kids, ages 9 and 11. In the decree, we have joint custody, each having rights of first refusal if the other can't watch the kids for an hour. The kids were required to stay within their school district to minimize disruptions, however, that school is where he lives. I moved away, because he was stalking me, and I did not feel safe. My attorney led me to believe I am custodial parent--he has visitations Thursday nights, 1st, 3rd, and 5th weekends. The trick is, I work, and since he is "disabled", he watches the kids every day after school. He couldn't make ends meet, and so applied for food stamps, naming himself as custodial parent. Now I have been sued by the STate Attorney General for child support, 25% of my income. I can't afford an attorney (still owe my other attorney $15k), and I am worried I am going to be in real trouble trying to go to court against the state. I have since been advised by other attorneys that the school district determines the custodial status. Does anyone out there know if this is true? I can't survive if they take 25% of my income. I am a wreck. Thanks.

 

[LegalBeagle]

My ex and I were divorced a year ago. We have two kids, ages 9 and 11. In the decree, we have joint custody, each having rights of first refusal if the other can't watch the kids for an hour. The kids were required to stay within their school district to minimize disruptions, however, that school is where he lives. I moved away, because he was stalking me, and I did not feel safe. My attorney led me to believe I am custodial parent--he has visitations Thursday nights, 1st, 3rd, and 5th weekends. The trick is, I work, and since he is "disabled", he watches the kids every day after school. He couldn't make ends meet, and so applied for food stamps, naming himself as custodial parent. Now I have been sued by the STate Attorney General for child support, 25% of my income. I can't afford an attorney (still owe my other attorney $15k), and I am worried I am going to be in real trouble trying to go to court against the state. I have since been advised by other attorneys that the school district determines the custodial status. Does anyone out there know if this is true? I can't survive if they take 25% of my income. I am a wreck. Thanks.

You need to read the divorce and/or custody agreement VERY carefully. Look for any reference to primary physical custody etc.. There MUST be something in that determines who has physical custody.

 

[jpflug]

I assure you, I know every word of that decree, and it does not state anywhere who has primary custody. All it says is that he has superior right of possession Thursday nights, and first third and fifth weekends, holidays and other special visitation times aside. Is it possible that my decree is not legal?