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  1. #1
    Join Date
    Jul 2014
    Location
    Texas
    Posts
    3

    Default How to Modify Custody from Joint to Full Custody

    My question involves a child custody case from the State of: Texas

    I currently have an order where we share custody, however for 3 years my ex-husband disappears for months, basically comes around Birthday's and Christmas. He doesn't pay child support and gets angry when they pull if from his check. Would a judge give me Sole Custody of the children based on these factors. He is emotionally traumatizing the children?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to Modify Custody from Joint to Full Custody

    What is your goal?

    Full custody won't, for example, take away Dad's visitation rights,

  3. #3
    Join Date
    Jul 2011
    Posts
    244

    Default Re: How to Modify Custody from Joint to Full Custody

    Sole custody is not going to stop the children from being emotionally traumatized. Get them into counseling.

  4. #4
    Join Date
    Jul 2014
    Posts
    1

    Default Re: How to Modify Custody from Joint to Full Custody

    My kids father was in the room when they told what the custody arrangements were. I was afraid of him so I didn't contest it. This was also several years ago he sees them on. Regular basis but has kept up with some bad habits that I don't want the kids to see, would it be difficult foe me to get full custody?

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How to Modify Custody from Joint to Full Custody

    What is your ooal in obtaining sole custody? This question has now been asked 4 times.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Modify Custody from Joint to Full Custody

    Quote Quoting Oliver0415
    View Post
    My kids father was in the room when they told what the custody arrangements were. I was afraid of him so I didn't contest it. This was also several years ago he sees them on. Regular basis but has kept up with some bad habits that I don't want the kids to see, would it be difficult foe me to get full custody?
    Please start your own thread to ask your questions. Its impolite to hijack someone else's thread.

  7. #7
    Join Date
    Jul 2014
    Location
    Texas
    Posts
    3

    Default Re: How to Modify Custody from Joint to Full Custody

    My goal is to not have an order that allows him to come in whenever he wants and say, "it is my visitation and you must give them to me or I will file an enforcement." My children are in counseling and that is the reason I am seeking for Sole Custody with supervised visitation that we can agree on.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Modify Custody from Joint to Full Custody

    You don't need sole custody to have a visitation schedule. You can simply petition for visitation to be scheduled. You should review the code sections governing the Texas standard possession order, Family Code, Sec. 153.3101, et seq. If you have valid reason to believe that dad will fail to appear for scheduled visitation, you can ask the court to include a clause to the effect that a visit is canceled if dad is more than a certain amount of time (e.g., 45 minutes) late for pick-up, and for pick-up to be at your home.

  9. #9
    Join Date
    Jul 2014
    Location
    Texas
    Posts
    3

    Default Re: How to Modify Custody from Joint to Full Custody

    Thank you for your advice, the problem is that we have scheduled visitation now. He will disappear for up to 8 months and then show up and say ok I want my weekend. He doesn't have a DL and can't drive with kids in car so I have to meet him and then the children freak out when I have to leave them. After the visit he may call once and then he is gone again. He shows up only for Birthdays.

    - - - Updated - - -

  10. #10
    Join Date
    Aug 2012
    Posts
    403

    Default Re: How to Modify Custody from Joint to Full Custody

    Quote Quoting cerafrench
    View Post
    Thank you for your advice, the problem is that we have scheduled visitation now. He will disappear for up to 8 months and then show up and say ok I want my weekend. He doesn't have a DL and can't drive with kids in car so I have to meet him and then the children freak out when I have to leave them. After the visit he may call once and then he is gone again. He shows up only for Birthdays.

    - - - Updated - - -
    Well, you know visitation is a right and not an obligation. It sucks what he's doing, but even with a written schedule, you cannot make him exercise his visitation. Unfortunately, he is within his rights to come and go. And I'm glad you have the kids in counseling.

    One thing you may do is to modify the visitation order based on the new status quo. However, if you do this, there's a chance Dad may be motivated to start exercising the current visitation and fight for it. But who knows.

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