Need help ASAP on custody issue. Have physical cust. need legal cust.

[LeFeaoux]

My ex wife is an alcoholic and hopeless drug addict. After years of abusing and neglecting my children she finally relenquished physical custody to me. Now she is renigging on her promise to sign over legal custody to me. The children are 14 and 15 and neither wants to see her ever again. I am on a very, very limited budget and cannot afford expensive legal council or court fees. What can I do?

[wendl]

did she put it in writing
how long have the kids been with you

at those ages they usually can voice their opinions in where they would like to live (this will not be the determing factor) it will be based on many things. but 1st we need to know the answers to the above as well as what state you reside in.


**These are my opinions, they are not legal advice**

[LeFeaoux]

No, she didn't put anything in writing. I got a phone call from her almost a year and a half ago telling me that she was homeless and asking me to take my son. The next day I had him on a plane to me. She had sent my daughter to live with her mother (my ex-mother in law) about two and a half years ago. In August, I went to visit my daughter in San Antonio, tx where my ex and her family live. My ex mother in law asked me to take my daughter home with me for a while to give her a break, so I brought her home with me. Once here, my daughter told me that she did not want to return to her family in San Antonio as they were mean and abusive ... she asked to stay with me permenantly. I talked to my ex mother in law and my ex-wife and they agreed that it would be best if she stayed with me. Now that I have the children, I want to stop child support garnishment from my pay checks and I want to make sure that nobody will ever harm my children again. I live in Las Cruces, NM and they (my ex and her family) live in San Antonio, TX. I have had my son for a year and a half and I have had my daughter for almost four months. Our divorce and child custody was decided in San Antonio, TX.

[wendl]

since you've have them (at least one) for so long you should be able to request and exparte hearing giving you custody. but I am not sure. I would start getting your documentation in order, showing how you have been the primary care providers for these kids , school records, doctors records etc showing the kids have been in your care.

I would post to Soc and ask him, make sure to go by his guidelines.

**These are my opinions, they are not legal advice**

[LeFeaoux]

I don't think it should be too hard to get custody ... thanks for your advice ... Who is SOC?

[wendl]

if you go to the board Dear Socrateaser, he is an attorney that will give you advice.

**These are my opinions, they are not legal advice**

[Lawmoe]

There is a very strong presumption in most states that the parents share legal custody. In order to make a compelling case, you must demonstrate in court that the parties are unable to communicate on specifically defined legal custody issues.

Don't get too hung up on the label. If you have legal custody, often it is the equivalent of having a 51% vote. The Judge can award jont legal custody requiring the parents to discuss legal custody issues (medical, school etc..) and then allow you to be the tie breaker.