Legal Question in Family Law in Texas

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Lone Star Legal Aide

Can you print out the text messages?

I have no idea what you mean by "losing full custody"?

Apparently, you do not have primary custody of the child already, so you have already lost "full custody". Apparently you already only have visitation with this child.

Technically, not paying child support should not mean that you should not get to see your child. I'm sure that your father's attorney knows this.

Document that you have tried to see the child.

You have to follow the legal decree exactly - are you doing that?

For example, YOU have to go to the place where you are to pick up the child and physically try to pick up the child.

If you father texts you, don't bother to show & you don't show...that is not enough!

If he texts you & you don't show, then you just did not try to see your son!

Then YOU are wrong & YOU did not show up! Your father did nothing wrong!

You "played" into your father's hands -- he did not do anything wrong -- you "messed up" by not attempting to see your son.

You have to physically show up & then be denied your son for your father to be in contempt of court -- did you know that?

In regard to paying the court ordered child support, you are not going to like my answer.

It appears that you live in Harris County and you have already been ordered by a Harris County judge to pay child support. It appears that you are very soon going to court for contempt for not paying your court ordered child support.

You have violated a judge's order to pay child support on your 3 year old son. Judge's do not like it when a parent violates their orders. They don't care why their orders were violated. Having a new baby is not a reason not to pay child support. Not having a job is not grounds not to follow their court orders. I can only assume that the judge is not going to be pleased.

Unfortunately, you owe the money for this child support. Just because you have been ill or had another child is not grounds to not owe child support. As a parent, it is your obligation under Texas law to make sure that your child has food to eat and money for a roof over his head. It does not matter that your father has money and/or does not need the money. It is a parent's obligation to pay child support for their children. You were ordered to pay it by the court and the judge is not going to be pleased that you have violated his/her court order.

You knew that you had this first child when you decided to have another child. Your oldest child takes a priority over this new baby. Sorry! Even if this new baby was "an accident", the oldest child will always take a priority in the eyes of the court & always will under Texas law. This judge does not care if the new baby's daddy is not paying child support - this new baby is not the judge's problem.

Now, you might go to jail and lose custody of this new baby. Just because you had a baby, does not mean that the judge will not put you in jail.

I'm sorry to be so harsh but you need to be aware of the reality of the problem.

If you have no money and it is a contempt hearing and the attorney asks for jail time, you can ask for an indigency hearing, if the judge finds you indigent then you can get a free (court appointed) attorney for the hearing. If the attorney waives jail time, then no free attorney. But ask for one anyway or ask for more time to hire an attorney.

Look on this website and on www.avvo.com for an attorney.

Good luck!