Legal Question in Family Law in Texas

seeking child custody-where to start?

Ive been divorced 3 years now and recently moved to another city 2 hours away from my two young children. My ex spouse does not travel half way to meet me. The decree stated that she did not have to unless she moved out of the county. Is this fair or right? Ex is extremely bitter due to me remarrying and does not let my children call or ever return my phone calls. I leave countless messages that are never returned. Is there a way to get her to let me communicate with my children? the decree does not state anything to that regard. Lastly, my ex-wife does not seem to upgrade my kids clothing and/or shoes. Everytime i pick them up they are wearing old or too small clothing. How can she be held accountable to utilizing the child support she is given monthly for the needs of our children. I pray to God for guidance in seeking custody for my children; please be so kind to direct me in which legal path to take to get the ball rolling. Thanks


Asked on 10/25/07, 3:52 pm

2 Answers from Attorneys

TC Langford Langford Law Office

Re: seeking child custody-where to start?

Having not read your decree, it is impossible to tell you what the terms allow. Generally, however, the burden of travel and inconvenience falls on the person who chooses to move. Your choice to move does not create a burden of travel for her.

Child support is rarely, if ever, a payment that requires accountability. It is paid to the primary conservator to assist in compensating for all expenses, including utilities, groceries, band fees, school books, rent, laundry soap, gas for the lawnmower, etc.

When communication/phone calls become an issue, courts often impose a condition of one or two calls each week on a designated time and date. Many clients have resolved this without court intervention by the use of email or cell phones paid for by the NPC.

If you wish to modify custody, you will need to hire a lawyer, and carefully consider your evidence that will justify a change in conservatorship.

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Answered on 10/26/07, 8:44 am
Keith Engelke Law Office of S. Keith Engelke

Re: seeking child custody-where to start?

The clothing bit is likely a ruse to get you pay for clothing. Don't fall for it.

Buy the kids clothes to wear when they are with you. Keep them at your house. When the kids arrive change have them change into your clothes and when they leave have them change into mommy's clothes.

Regarding the decree. I suggest you hire a family order and explore the option of a motion to modify to provide for either reduced child support or a more equitable pick up and drop off point so the travel expenses are not all on you. You also need to ask about provisions addressing the telephone calls.

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Answered on 10/26/07, 8:45 am


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