Mother agreeing to custody change

[mykidsdad]

Hello,

Some background if first, I live in Texas and have been divorced for  almost four years now.. I am the NCP, my xpbfh does not know how to, or is too lazy to discipline our 4,& 6 yo kids, and has a verry nasty temper with me, as much as I try to get along with her for the kids sake nothing seems to work unless it is something to benifit her, anyway I am getting off track here. My question is my ex a couple of months ago told me that if I think i can do a better job of raising our kids to have my lawyer draw up the papers, and she would sing mnaging custody of our kids over to me, basically switch rights that each of us have right now, so i had them drawn up and now she has refused to sign them.. Here is the point of the question, I have all of this on recording, as I tape record all contact with her via over the phone or face to face..
Do I, or would I have enough to take her to court to force the order, I have the on recording on three or four different encounters of contact with her saying the same thing every time..

[socrateaser]

>Do I, or would I have enough to take her to court to force the
>order, I have the on recording on three or four different
>encounters of contact with her saying the same thing every
>time..

You cannot force the court to order her to give up her custody rights, regardless of what she has agreed to in the past. Until such time as she signs a stipulated court order and the court signs that order, she can change her mind as often as she wishes.

Custody is not about what the parents want -- it's about what's best for the child(ren).

You could, however, sue her in small claims court for breach of contract. That is, she promised, and you have tape recorded proof, to sign custody papers if your attorney drew them up, and you have relied on her promise to your detriment, by having those papers drawn. The fact that she doesn't want to sign the papers is irrelevant to whether or not you should be entitled to your out of pocket expense in obtaining the papers on her prior promise. Therefore, she should compensate you for your out-of-pocket costs, that you would not have otherwise expended except for her promise.