Newbie with questions

[buster]

Hi, I'm here for my neighbor.  He is the ncp with his x living in Tx with the kids.  He has a court date on Monday in Texas for cs issues, however he would also like to bring up visitation issues at that time.  Can he do that at a cs hearing since he will be in from out of state?

His x will not allow him to bring the kids back here to Illinois.  He was told that children are allowed to decide if they want to go with their other parent at the age of 10 in Texas.  Is this true?  Can anyone guide me to the statutes that specifically state this?

Thanks in advance.

[ocean]

Hi,
He can not bring up visitation issues at a child support hearing (at least in my state). What kind of court order does he have about visitation already? If he has orders that are spelled out he can file contempt on ex that day but it will not be heard that day. How old is the child? The older the child is the more say they have but they still are to visit both parents.  Has he had visitation in TX lately? I know more people here will help you if you can get us a little more info  :)

[Peanutsdad]

He needs to file an answer to the original motion on cs,, AND at that time in the same motion,, file for visitation,, obviously, if he's due in court in  a coupla days,, its kinda late in the game to file... but still worth a shot.


What area in Texas is it in? I may know an attorney locally he can use.

His ex is absolutely wrong on the kids getting to decide.


Tips For Getting Started
http://www.deltabravo.net/news/10-19-2000.htm

How To Hire An Attorney
http://www.deltabravo.net/custody/hiring.htm

Hiring An Effective Attorney
http://www.deltabravo.net/custody/effective.htm

Success Factors In Obtaining Custody
http://www.deltabravo.net/custody/tips.htm

http://www.deltabravo.net/custody/missed-visit.htm

Suggestions When Falsely Accused
http://www.deltabravo.net/custody/falseacc1.htm

Dealing With Threats Of False Allegations
http://www.deltabravo.net/custody/blackmail.htm

URL: http://www.deltabravo.net/custody/guide.htm


http://www.deltabravo.net/custody/pplan3.htm


One of the first things you'll hear around here is "Document, document, document!". Having good records is *crucial*. Get yourself either the Parenting Time Tracker (PTT) at: http://www.deltabravo.net/custody/tracker.htm or the OPTIMAL Custody Tracking service at: http://www.parentingtime.net. The PTT is good, but the OPTIMAL service is definitely better.

[Peanutsdad]

§ 153.008.  CHILD'S PREFERENCE OF PERSON TO DESIGNATE
RESIDENCE.  A child 12 years of age or older may file with the court
in writing the name of the person who is the child's preference to
have the exclusive right to designate the primary residence of the
child, subject to the approval of the court.


Here is the link to Texas Family law:

http://www.capitol.state.tx.us/statutes/fa.toc.htm

[buster]

Thanks for the replies.

This is what I do know.  The boys are 11 and 14.  Mom lives off of welfare.  She brought the boys up last summer and after a month or so, brought them over to dad so he could tell them goodbye because she was taking them back to Texas.  Then she disappeared for a while.

Dad has cs withheld from his paychecks.  He's also given her personal checks in the past with notations in the memo spot as to the monies being used for cs.  Mom is claiming dad is in comtempt for non payment of cs.  His attny appeared on his behalf earlier this summer and they are appealing the decision with the appearance being Monday.  He has proof he has paid in the form of cancelled checks.  The state of Texas is saying those payments were gifts as they did not go through the state (cse) first.

Regarding visitation - dad says mom will not let the boys see him.  His papers state he is to have them for extended vacations during Christmas, Easter and summer due to the distance between homes.  They were supposed to have been here in December, Mar./Apr., and at the end of June. Mom would not send them because of dad's wife (according to dad and wife).  Last summer mom tried getting we neighbors involved by calling us and asking us to spy on her x.  She very clearly stated her opinion of the new wife, does so to the boys.  In fact, the older boy called his dad and told him that he was going to beat the "f" out of wife when he got here.  Mom lets boys listen to phone conversations she has with dad, arguments and all.

Neighbor said his attny told him the boys can decide  if they want to come here at the age of 10.

I believe neighbor said the boys are in the Austin area.

Thanks for the links!!