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  1. #11
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Get a lawyer and file for a custody change ASAP.

    That "cutting" thing is very alarming. I'd make that the primary issue along with the school stuff.

    If you can get custody you are likely going to be able to move her to a school closer to you.

    PS: Thanks for staying in the same thread. It's what works best here.

  2. #12

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Unfortunately, a lawyer is not an option for me. My savings were completely depleted during the divorce. I was ordered to pay for her attorney and he made sure to run the bill up to exactly what I had in savings plus what the house was worth. I had no choice but to settle for his demands. After paying child support, rent, phone bill (required for job), utilities, food and a few other small things, I am forced to work my full time job, plus drive for Uber and Lyft at nights and weekends just to be able to eat.

    That is why I am hoping to get some guidance on at least what forms I will be required to take to court for both the pre-hearing and during the hearing.

  3. #13
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Your divorce court's website should have forms and instructions. If not, try one of the larger county divorce courts like Dallas for self help information.

    Meantime, I suggest you contact CPS and report that your daughter is cutting herself because of the toxic environment she's living in. CPS might get her out of that house quickly and assist you in getting custody.

  4. #14

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    I found the forms on another website and am working on those. Quick question that I am pretty sure I know the answer to, but I want to verify. For the respondents, do I list my exes attorney as a respondent even if I do not believe he is representing her anymore. He is listed as a party and it says "all", so I am guessing yes. Also, should I list the OAG or my work as respondents? Neither are on the original document, but they both received copies of the agreement after the case was over.

    As far as CPS, I am a little gunshy on that. Last time, it backfired on me. I called them and got a temporary order through the court because my ex was physically and verbally abusing my daughter. I even had witnesses. The judge frowned on this heavily and my second attorney told me afterwards that is most likely what hurt my case the most. CPS did absolutely nothing last time except file a report that I called.

  5. #15
    Join Date
    Oct 2006
    Posts
    15,267

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Quote Quoting obsequiouslizard
    View Post
    I found the forms on another website and am working on those. Quick question that I am pretty sure I know the answer to, but I want to verify. For the respondents, do I list my exes attorney as a respondent even if I do not believe he is representing her anymore. He is listed as a party and it says "all", so I am guessing yes. Also, should I list the OAG or my work as respondents? Neither are on the original document, but they both received copies of the agreement after the case was over.

    As far as CPS, I am a little gunshy on that. Last time, it backfired on me. I called them and got a temporary order through the court because my ex was physically and verbally abusing my daughter. I even had witnesses. The judge frowned on this heavily and my second attorney told me afterwards that is most likely what hurt my case the most. CPS did absolutely nothing last time except file a report that I called.
    petitioner = one of the parties, the person who initially filed.

    respondent = the other party

    Neither of those ever mean one of the attorneys.

  6. #16

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Thank you. That is very helpful. I intend to have the forms reviewed, but I want to get them as accurate as possible before submitting them.

  7. #17

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    So I filled out all the forms and had a paralegal review them for me. I went to the court and filed the petition to modify. The clerk told me that I could just give a copy of the petition to modify to my ex, but I have other people telling me I need to have it served to her by a constable. My understanding was that it didn't really need to be served. Should I just pay the county to do it, or does it matter? It costs $83 and I don't want to throw money away unless I have to.
    Thanks.

  8. #18
    Join Date
    Jul 2018
    Posts
    1,276

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Quote Quoting obsequiouslizard
    View Post
    So I filled out all the forms and had a paralegal review them for me. I went to the court and filed the petition to modify. The clerk told me that I could just give a copy of the petition to modify to my ex, but I have other people telling me I need to have it served to her by a constable. My understanding was that it didn't really need to be served. Should I just pay the county to do it, or does it matter? It costs $83 and I don't want to throw money away unless I have to.
    Thanks.
    The court clerk cannot give you legal advice. Neither can we (actually, we should not), but I don't know any state in which a petition to modify a family court judgment or order wouldn't need to be properly served on the opposing party. I cannot say with any certainty what constitutes proper service under Texas law. Personal service via the constable/sheriff or a process server probably isn't necessary, but but it would probably cost you more than $83 to get a local attorney's opinion, so....

  9. #19

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    So papers have been served, I have all other papers in order and ready to present. I have items showing why it will be a better environment for my daughter including daily schedules we completed together. I am including school schedules and other related school items. I have paperwork showing where my daughter has missed over 65 days of school with 11 unexcused absences and numerous tardies. I am scheduled to see the judge on Monday morning at 8:00 am.

    I will see my ex this afternoon when I pick up my daughter. My plan is to ask her to just sign the papers. If she will sign them, which I strongly doubt, I will agree to $0 from her for child support. If she wants to go to court, I will ask for standard minimum support, which will be substantial for her income.

    I have 2 questions on this. The first is, is it a good idea to make her the offer of $0 child support? Can this backfire on me? I really don't need or want her money and if I were to get it, I would put it all into a savings account for my daughter.
    The second question is, If she does not agree, should I tell her when I am going to court, or would it be better to just show up without her. My thinking on this is my daughter will need to come to court at least once to talk to the judge. I would rather go to the judge and get the order for my ex to show up with my daughter, rather than having her up there day 1 arguing about every , then having all three of us have to show up the second time. She has also done this to me before in the original divorce where she would go to court without my knowledge and had orders passed against me, so I have no qualms about returning the favor, as long as it is not seen negatively for me.

    Thank you.

  10. #20
    Join Date
    Oct 2006
    Posts
    15,267

    Default Re: Child Missing Excessive Amounts of School and Failing After Divorce

    Quote Quoting obsequiouslizard
    View Post
    So papers have been served, I have all other papers in order and ready to present. I have items showing why it will be a better environment for my daughter including daily schedules we completed together. I am including school schedules and other related school items. I have paperwork showing where my daughter has missed over 65 days of school with 11 unexcused absences and numerous tardies. I am scheduled to see the judge on Monday morning at 8:00 am.

    I will see my ex this afternoon when I pick up my daughter. My plan is to ask her to just sign the papers. If she will sign them, which I strongly doubt, I will agree to $0 from her for child support. If she wants to go to court, I will ask for standard minimum support, which will be substantial for her income.

    I have 2 questions on this. The first is, is it a good idea to make her the offer of $0 child support? Can this backfire on me? I really don't need or want her money and if I were to get it, I would put it all into a savings account for my daughter.
    The second question is, If she does not agree, should I tell her when I am going to court, or would it be better to just show up without her. My thinking on this is my daughter will need to come to court at least once to talk to the judge. I would rather go to the judge and get the order for my ex to show up with my daughter, rather than having her up there day 1 arguing about every , then having all three of us have to show up the second time. She has also done this to me before in the original divorce where she would go to court without my knowledge and had orders passed against me, so I have no qualms about returning the favor, as long as it is not seen negatively for me.

    Thank you.
    You HAVE to serve her...that includes providing any court dates. It would be seriously frowned upon for you to not do that. In fact, it might even tank your case.

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