My question involves a child custody case from the State of: Texas
When my son was 2 months old, and his father was still putting a good deal of effort, we signed a joint custody agreement in front of a mediator and i dropped his child support payments to only $150 a month because i didn't want to see him struggle. Shortly after he stopped making regular visits with his son, and between 6 months and 10 months he refused to see his son at all because he was upset with me over unrelated issues.
My son is now 2 years and a month. His father constantly does not take him, whether he calls first or just doesn't show up, and on the days he does take him he is always a few hours late. And he almost never takes him over night anymore. (most visits last 6- 8 hours.)
Since January i have documented on a calender of every time he calls, takes my son, doesn't show up, and shows up late. From the month of January until June, he has had him an average of 8 HOURS A MONTH. and on his last visit with him, fathers day, he was not only 4 hours late picking him up, he returned our son in a completely soaked diaper that had not been changed since he picked him up at my house. that was 5 hours!
Despite his lack of interest, any time i try to do something with my son, family vacations, look into preschools, ect, his father is quick to say "he is my son i have 1/2 custody you cant do that without me."
i want what is best for my son, and i don't believe this inconstancy is good for him to go through. I also want to protect him from getting hurt in the future.
I really want to take sole custody of my son but I'm worried that if i lose a custody battle his father will make my life hell. the reasons i'm worried i will not win is because his father is a few years older then me, has a good job and makes good money. i am a full time college student and me and my son stay ad my dads until i can graduate next year. I don't know if that would effect the case.
So my question is, Do i have a descent case to actually win a custody battle with me sons father?