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anyone in texas that has advice on how to win?

Started by Bradley, Feb 02, 2006, 07:34:55 PM

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Bradley

Looking for texas father's to chat with about getting 50/50 custody

thesmithfamily_5

Pickin's are pretty slim here. We're in the process of suing X for custody. She dumped them on her mom most of last year and even offered to let them come stay here with us. But when her parents found out they totally lost it, threatening to disown her if she followed through. So when it hit the 6 mo. mark we took our savings to an atty in the same county where the kids were living. of course as soon as she's served they move in with her, over 3 hrs away! go figure. anyway that's our story.  we're still pretty early in the case, but we're not giving up!

Kboeds

how old is your child/ren?

Once they his 12 or 13 they can say what they want. Until then I couldn't really tell you how much of a fight you will have.

KB

Yoda

>Looking for texas father's to chat with about getting 50/50
>custody

I'm looking for that as well. How involved are you in raising your kids? I am involved in caring for mine as much as I can be, but my wife was a stay at home mom. I went for a consultation with a couple of lawyers and gleened the initial strategy to keep a journal of how involved I am in various parenting rolls, and also to get my wife back to work, so that by the time I fight this, the fact that she's a stay at home mom will be in the past and I'll be more involved with the kids. I have been keeping a journal, and so far, found that for meals, meeting with kids teachers, and assisting with homework, I'm at about 2/3 involvement. For bathing it's 50/50. Taking them to school and disciplining (no not beating, I rarely spank) is 100% me.

As you know, Texas has joint custody, but it's not 50/50. Normally the mother gets physical custody though, and the father gets around 35-40% visitation. The lawyers I saw said that the courts are not biased towards the mother as far as custody goes. It's just that the facts show that typically the mother has more involvement with the kids. In my case though, I think I can show that I am more involved with them, so I should get physical custody right?

The mother is not abusive to the kids either. I know this would be a fight, and that means expensive. I cannot afford this, and I'm hoping my wife would agree to mediation rather than resort to spending thousands on lawyers. I'm hoping that if I present her with a fair 50/50 split of assets and 50/50 custody that she will accept that - and if not show her that I have the facts on my side. Although this might prompt her to run to a lawyer.

Does anyone have any experience with this when the father is involved with child rearing as much as I am?

patton

I'll make this short as possible.  Did not know son existed until he was 18 months old and then bio mom (she kept telling me he was not mine) hit me with AG papers for paternity along with several others.

Ok go to court with AG and get the standard EOW visitation.  Then bio mom calls me to get son says she having surgery, but instead leaves the state.  This goes into my summer visitation time.  I file for custody.  Judge says it hasn't been a year since the rendition of the first order and just chews bio mom out and that's about it.

Wait another year son is about 2-1/2 now and again mom is flitting around and I have son more than 50% of the time, except when she's mad and keeps him.  In the meantime I'm recording conversations, tape recording, video taping, keeping track of everything.  I have a about zillion contempts on her, but I picked out 6 which were all to do around the holidays that year when she withheld him from me.  I file contempts and she goes ballastic.  

I did not ask for custody I just filed contempts.  She loses all but one and Judge award me extra time, puts her on 10 years probation, and has her pay my attorney fees.    Bio Mom then files appeal (appeals usually don't hold much in Texas by the way)  I mean what Judge is going against another Judge they have to work with all the time.  

Anyway the night before court, her attorney calls my attorney and says bio mom has decided to go into the military and wants to sign over custody.  Now talk about a shock!  Anyway we never go to court, but hash out the agreement, with clauses in the agreement if for any reason she does not go into the military custody is not reversible.  So I've had sole custody since son was 2-1/2 and he's 6 now.

Bio Mom does visit about once a month and I try to work with her.  We don't always stick to the exact schedule, but as long as she's half way decent I will work with her for son's benefit.

That's the short of it.  Longer version or more information  email me.

Brianna6

Can some one help!!! I want to know if you can really get a substantial change in circumstances? If so how hard is it to get back your custody?

Bradley

I was divorce 7 years ago and already have custody papers in place, but yes I am twice as involved with my daughter than her mother  along with my wife. We have paid for most of all extra curriculars, taken her to them she gets much better grades when with us, out of 410 minutes of reading with my daughter, her mother did a whopping 20 minutes, we go to the library, church, get her clothing for our house, and keep having to replace it becuse her mother refuses that it is at her house, now will not allow me phone calls because she is mad at me for calling one time at the babysitters, excuse me for caring. THe mother did not turn int eh choice of school form at all, does not stay home with her when she is sick or take her to the doctor. But yet she is just as fit as the rest. I could offer 50/50 visitation with the child support the same and she still would not accept it and would still not provide clothing for my daughter when she returns back to her house.
We paid for her gymnastics class and originally it was convenient for the mother to take her but tonight she plainly refused and won't let me take her.
Is there anything I can do?

Bradley

You are so lucky for the mother to agree on that. The child always seems to get hurt in the process of the mother trying to hurt me.
COntrats...

fatherwithcustody

Way to go, I too just received custody of my 6 year old. It was a long 8 month battle but he came out on top!!! He has been living with us for a year now and has literally turned his behavior around at school and at home.