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  1. #1

    Exclamation Absent Parent Now Wants Custody

    My question involves a child custody case from the State of: texas
    My exhusband wants our children 15 and 14 to live with him and his new wife. My exhusband has not been active in their lives at all. All of a sudden when he gets a court summons for cs modification he wants to enforce his visitation. He, after 10 yrs of them never spending more than 24hrs twice a yr with them demands i have them ready in the morning. I comply and they go for the weekend. But my daughter text me while they are driving saying they have already decided the jr high they will go to. Thats funny, seeing as how they are in high school. Not to mention the oldest has autism. He is telling her that its his turn to have them. Can he do this? How can he do this?

  2. #2

    Default Re: Absent Parent Now Wants Custody

    What do any current court orders say? Whatever those orders say is what is in effect. If he made little or no use of his court ordered time over 10 years, that's 10 years during which ample opportunity to re-address visitation was available. But if no one ever went to court to modify them based on how they were actually being utilized, then no legal change has occurred and the court will expect whatever is in the orders to be followed until altered.

    As far as him actually getting primary custody - not a chance. (Not unless you've recently been arrested for crimes against children, had the children removed by protective services, or some other MAJOR change in circumstances - courts don't just rip children away from one parent and hand them to the other just because they ask for it.) Your ex has a serious reality check coming his way.

  3. #3
    Join Date
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    Default Re: Absent Parent Now Wants Custody

    Quote Quoting Bianca Johnson
    View Post
    My question involves a child custody case from the State of: texas
    My exhusband wants our children 15 and 14 to live with him and his new wife. My exhusband has not been active in their lives at all. All of a sudden when he gets a court summons for cs modification he wants to enforce his visitation. He, after 10 yrs of them never spending more than 24hrs twice a yr with them demands i have them ready in the morning. I comply and they go for the weekend. But my daughter text me while they are driving saying they have already decided the jr high they will go to. Thats funny, seeing as how they are in high school. Not to mention the oldest has autism. He is telling her that its his turn to have them. Can he do this? How can he do this?
    Ditto to aardvarc...but I just wanted to add:

    He doesn't even know the ages of his own children? 10 years of absence or not...he should be able to do math.

    Just tell the children something like, "Daddy just misses you and that's why he wants you to live with him. You may be visiting him a little more often, but you are still going to live with me."

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