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  1. #1
    Join Date
    Apr 2008
    Posts
    8

    Default Filing for Custody

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

    My son and his ex fiance have a child together. My son decided to end the relationship and this has seriously angered the ex fiance. The child is 3 years old. My son is on the birth certificate as the father, but the child does not have his last name. No papers have been filed at this point. My son has been paying her support each month.

    Here is the problem. The ex is playing games such as, "if you do this, you won't see your child". Her whole family has been ganging up on him when he picks up or drops off the child. I am guessing they are trying to get him to fight one of them or say something that they might use against him in court. I think they want to take the child away from him. Although I don't see that happening, it still makes me worry. His ex has tried to spread lies about him, such as he hit her and the child, he never did. However, his work has her on tape trying to pick a fight with one of his bosses. The ex thought they were seeing each other. They also have recorded conversations of her trying to get him fired. She is at the point now that she will be arrested if she steps foot on the property. My son does not have the money for a lawyer. I have given him information for Legal Aid in his area, was that the right thing to do? In this situation would it be wise for my son to try and file before her or just wait for her to do it? As far as I know, he is looking to file joint with main residence with the mom. He wants it to be as civil as possible. He is not out the harm her or take the child away from her. However, if it comes to the point where he doesn't feel the child is being treated well, what would a father's chance be of getting full custody? Also, it has been suggested that he tape conversations between him and the family, just to have proof of what is being said to him during the pick up and drop off of the child. Is that wise or worth it?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Filing for Custody

    Quote Quoting Anderson
    View Post
    My question involves a child custody case from the State of: Texas

    My son and his ex fiance have a child together. My son decided to end the relationship and this has seriously angered the ex fiance. The child is 3 years old. My son is on the birth certificate as the father, but the child does not have his last name. No papers have been filed at this point. My son has been paying her support each month.

    Here is the problem. The ex is playing games such as, "if you do this, you won't see your child". Her whole family has been ganging up on him when he picks up or drops off the child. I am guessing they are trying to get him to fight one of them or say something that they might use against him in court. I think they want to take the child away from him. Although I don't see that happening, it still makes me worry. His ex has tried to spread lies about him, such as he hit her and the child, he never did. However, his work has her on tape trying to pick a fight with one of his bosses. The ex thought they were seeing each other. They also have recorded conversations of her trying to get him fired. She is at the point now that she will be arrested if she steps foot on the property. My son does not have the money for a lawyer. I have given him information for Legal Aid in his area, was that the right thing to do? In this situation would it be wise for my son to try and file before her or just wait for her to do it? As far as I know, he is looking to file joint with main residence with the mom. He wants it to be as civil as possible. He is not out the harm her or take the child away from her. However, if it comes to the point where he doesn't feel the child is being treated well, what would a father's chance be of getting full custody? Also, it has been suggested that he tape conversations between him and the family, just to have proof of what is being said to him during the pick up and drop off of the child. Is that wise or worth it?
    Your son should file for custody, visitation, and CS ASAP. Until he does, and a court order is issued, the mother has the legal right to keep him from seeing his child. Also, the court may or may not accept reciepts for any CS given, so he needs to get a CS order right away.

    Taping a child is a definate no-no, and it will not look good for him in court.

  3. #3
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Filing for Custody

    Thank you. Just to clarify, he wasn't going to tape the child. It was suggested that he tape the child's mom and family. The ex's mom, dad and sister have been calling him vulgar names in front of the child. The ex's dad has been threatening him with violence, but because it would be my son's word against theirs, it was suggested that he tape what they say too him. The latest incident last Sunday, while my son was dropping off the child the child's grandma called him a word for the lower region of a female, the sister pushed him and called him a coward and the child's grandpa was threatening to break his neck, my son went to the local police station and had a police officer go back with him so they would stop. He was very upset that his son had to witness all that.

    I appreciate your help and advice. I believe that the mom filed papers today, so I guess we will wait and see what is going to happen. I just wish my son had filed first. While I know she has nothing to hold against my son, I just know that this is going to get ugly. The old saying of "Hell hath no fury like a woman scorned" is definately the case here. I believe that she is going to try and take full custody and will do whatever she can to do it. She is very bitter about the break up.

    Thanks again for the help!

  4. #4
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Filing for Custody

    Here is the latest on my son. He went to court last week. He did not have an attorney. I know...stupid. The ex's attorney took advantage of this and my son ended up with visitation every other Sunday, 4 hours only, with supervision from someone of the ex's choice. Isn't supervised visits for people who have been violent? My son has never been violent to her or the son. Then again, with him not having any representation at the hearing, I would not put it passed the ex that she told her lawyer that he has and that is exactly what the lawyer told the judge. My son was never allowed to see the judge. Anyway, while he was waiting in the hall of the court house the ex's mom came up to him and told him, "Your going down, we are going to make it so difficult for you to see this child, that he won't even remember you as his father." This appalls me that a person would want to keep a child away from their father. It really appalls me that this is the child's grandmother and the person in which he lives in her house with his mother. What must this child be hearing at home?? So, obviously my son needs a lawyer. They have another hearing set for the middle of this month. We are at a total loss on how to do this. My son lives in one county, the ex filed in another county. The two counties are zoned next to each other.

    1. Do we hire from the county he lives in or from the county the hearing will take place?

    2. How do we pick a lawyer? None of us have much money (legal aid won't take his case because there isn't evidence of violence).

    I have so many other questions, but my main concern right now is getting him a lawyer. The court proceedings will be in Bell county, Belton,Texas if anyone on here knows of a lawyer in that area.

  5. #5
    Join Date
    May 2008
    Posts
    582

    Default Re: Filing for Custody

    He needs a board certfied family law attorney. Go to the Texas Bar Assn web site to check on the attorney's record. They may be able to get a referral. Get someone who is experienced with these types of cases. Do not let him represent himself, especially if she has an attorney.

  6. #6
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Filing for Custody

    Thank you. I have signed him up on Legal match also. He just started a new job, so I am trying to do his leg work. Thanks again!

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