Ex husband wants custdoy by jury to avoid paying child support! Can he win?
First off let me correct another person's answer, if you can not afford an attorney for a CIVIL trial then tough luck, no court will appoint you one. Usually you have to be making crumbs just to get legal aid to help you and they don't even show up to court with you, they just give you advice and try to fill out the paper work for you. Yes, Jury trials are allowed in Texas, and if it gets THAT far then you need to hire a lawyer, but I don't see it getting that far. His lawyer, if he really gets one, will ask what his relationship is with the child and he will reply I see him maybe once a month...then his lawyer will ask if he is employed and if he has a stable residence for the child, and the father will say no to both of those. What you need to understand is lawyers LOVE to take people's money with useless motions and stall tactics but bottom line they do NOT like to loose. As long as you stay firm in your decision that you are NOT backing down, you are NOT carting off the child for half the year, and you are NOT giving up primary custody then his lawyer most likely won't take it to trial because he can't win! The Jury is made up of people just like you and me, can you honestly see any sane person handing over a child to another state with a man that chose to move and doesn't have a job? Of course not. This is a scare tactic, he is saying these things to get you to do something, I don't know what it is, but it is something, and he will say well if you do this, then I guess I can drop my case against you. Don't fall for it, stand your ground.
My soon to be ex-husband keeps showing up unannounced?
My soon to be ex-husband and I had our child custody hearing on 7/23/09. He is to take our son the 1st and 3rd weekends of every month and allowed daily phone conversations. However, since this day he has shown up just about everyday unannounced and calls 3-4 times a day! Is there anything that can be done about this? He will come by twice aweek and take our son out to dinner or show up at his school during recess and flagged him down to come over and talk to him.I keep telling him that he needs to abide by the court order, but it's falling on deaf ears. He bought him a cell phone yesterday (hes 10) so that he can call anytime he wants! It's getting harder to deal with due to the fact that our son is harder to control after he is with his dad .... Is there something I can do or file to put a stop to this???
Father wanting custody to avoid child support and unlike of new husband?
Your ex will not be able to take your children from you (he chances are less than zero). To be precise, unless you are a crack-addicted hooker, no judge will take your children from you and give custody of them to him. And even if the judge did transfer custody of the children to him, he would still owe child support arrears to you (ie. your ex can't get away with not paying his lawful support by seeking custody of the children). And since your home is stable with you being a stay-at-home mom, your children will be staying with you. If I were you, I would have your lawyer go back to court and tell the judge that your ex is telling the kids that he is going to take them away from you. As that is unsettling to your children and will distress them, the judge should put an end to that (parental alienation). And at the same time, have your lawyer point out that no child support has been paid for the last three years as your ex is refusing to work. Ask (through your lawyer) that your ex be sanctioned (driver's license cancelled and/or jailed). Take care. P.S. Since your ex isn't even working, his chances of finding a good job are probably very low, especially since he has a criminal record. And if he is waiting for a "good job" before he seeks custody of his kids, it isn't likely to ever happen. That being said, he shouldn't be allowed to upset the children by claiming he is going to take them from you. Have your lawyer take care of this for you.
My husband is in a neverending custody battle, and his ex files every 9 months, What to do?
Some states only allow modification for support every 2 years, Custody disputes can be brought up anytime, But there has to be a major change in the situations in the home the child is living in, in order to bring another case for custody like drug use by the parents or something to endanger the child's welfare. Other than that it should only be allowed every 2 years or if he gets a pay increase of something like 15% of his current earnings. Dragging you into court constantly is a form of harassment. Ask your attorney. Tell your husband to always record all phone conversations with his ex you can use these recordings in court. You do not have to inform anyone you are recording them if you are the one talking to someone and it's not a 3 party conversation. Below is a good sight for all the laws
Are tax returns public records? Can I get a copy of my ex-husbands?
On the day the judge ordered him to pay child support he vowed to never work again. He was ordered to pay the exorbitant sum of $350 a month, in 1998. It has come to my attention that he lives way above his means. I want the tax returns without having to get a subpoena as I'm loath to spend money on a lawyer.
Would you care if your ex didn't bathe your children on his weekend?
Have you heard of child sexual abuse? Fathers who bath their children during a weekend visitation is leaving himself open to an allegation of sexual abuse. Especially if he tries to go for custody. Over 60% of fathers get accused, while less than 1% actually commit it. But, it gets very costly to fight the allegations and there are no penalties for making false allegations. I'm sorry, but him giving them baths is inherently dangerous and it is very easy for mothers to manipulate children into believing something innocent is sexual abuse. It's called parental alienation syndrome. In a nationally reported case, 20 years ago, a mother making false allegations, in regards to the father giving the girl a bath, entered into evidence pictures she took of her naked 3 year old with spoon and knife handles inserted into her. The mother claimed the father was doing these things to his daughter and that she had to show the court what he was doing. The only thing she was charged with was contempt for denying the father his court ordered visitation rights, but friends in Congress and the Senate got her off by a special resolution. Even though the court didn't believe her, she was never charged for the abuse she caused her daughter by placing things inside her, or with producing kiddy porn.