visitation

[aggravated mom]

I have a 10 year old son that is currently living with his father. His father lives in Texas and I live in Tennessee. Our custody and support orders are all in the state of Indiana. I am behind on my support but have been paying. My son's father is demanding we send $2140 in order for me to have my visit for the whole summer. Or I pay $1000 and have him for 4 weeks. Or pay nothing and have him for 2 weeks. Last summer I had to pay $1000 to be able to see my son for the summer. The summer before that I had my son for a total of 10 days when his father came to Indiana (I was still living there at that time even though his father had already moved to Texas. Without asking how I felt about it. He told me about the move 2 weeks before they left.) to get my son. He was upset that I was moving to Tennessee and felt he had the right to tell me where we had to live. Even though I had already talked to his wife and told the whole situation to her.( My father had just had a heart attack and stroke that put him in bad health and I felt I needed to be closer to my father where I could watch over him. So this is not the first time my son's father has shortned our visits or asked for money first. Last summer my son and I talked and he told me he still wants to live with me. I just told him he needs to be patient because I am not sure at what age the courts will listen to me. Before his father moved to Texas and I had my visits with my son when it would be time to return him back to his father he would hide and we would have to find him. He always left in tears. Last summer was the first time he did not leave in tears but you could tell he was still upset about leaving. What rights do I have. Is it possible for my son to voice his wishes if he would still like to live with me. And do I go thru the state of Indiana sience all our custody papers and such are there. Or do I go thru Tennessee where I currently live, or thru Texas where my son is currently at. Please help! My son's father and the way he treats me gets in the way of me being able to communicate with my son as often as what I would like. Most of the time when I have to talk to his father or recieve a letter from him I wind up in tears and so angry.

 

[LadyBlu]

I have a 10 year old son that is currently living with his father. His father lives in Texas and I live in Tennessee. Our custody and support orders are all in the state of Indiana. I am behind on my support but have been paying. My son's father is demanding we send $2140 in order for me to have my visit for the whole summer. Or I pay $1000 and have him for 4 weeks. Or pay nothing and have him for 2 weeks. Last summer I had to pay $1000 to be able to see my son for the summer. The summer before that I had my son for a total of 10 days when his father came to Indiana (I was still living there at that time even though his father had already moved to Texas. Without asking how I felt about it. He told me about the move 2 weeks before they left.) to get my son. He was upset that I was moving to Tennessee and felt he had the right to tell me where we had to live. Even though I had already talked to his wife and told the whole situation to her.( My father had just had a heart attack and stroke that put him in bad health and I felt I needed to be closer to my father where I could watch over him. So this is not the first time my son's father has shortned our visits or asked for money first. Last summer my son and I talked and he told me he still wants to live with me. I just told him he needs to be patient because I am not sure at what age the courts will listen to me. Before his father moved to Texas and I had my visits with my son when it would be time to return him back to his father he would hide and we would have to find him. He always left in tears. Last summer was the first time he did not leave in tears but you could tell he was still upset about leaving. What rights do I have. Is it possible for my son to voice his wishes if he would still like to live with me. And do I go thru the state of Indiana sience all our custody papers and such are there. Or do I go thru Tennessee where I currently live, or thru Texas where my son is currently at. Please help! My son's father and the way he treats me gets in the way of me being able to communicate with my son as often as what I would like. Most of the time when I have to talk to his father or recieve a letter from him I wind up in tears and so angry.

File a petition for modification of custody through the TX courts. If your ex has resided in TX for at least 6mos, they can assume jurisdiction over the matter. TX recognizes the wishes of a child at 10. At 12 a child can petition the court on his own behalf for change of conservatorship.

Your ex is in contempt of court. TX does not take that issue lightly. Especially if you are paying towards the arrears. He has NO RIGHT to use the money owed as leverage against you for the visitation.

If you can get together the documentation of him demanding money from you in exchange for the visitation, you have him.