Legal Question in Family Law in Texas
Per divorce decree, ex wife keeps 3 kids and I pay 900 child support each month; 900 is taken from my check each month but 2 of the 3 kids actually live with me and she doesnt send them anything. I want to change custody, how do I petition for it without her taking them away because they are supposed to be with her anyways?
1 Answer from Attorneys
You would file a motion for modification, and in the motion you would ask for temporary orders. Your motion would tell the Court that two of the three children live with you, and that the mother has not demanded their return, and you want temporary custody of those two children (while the case is pending).
Your motion will also ask that your monthly child support payment be adjusted. Your case will probably take a long time to get to trial, and during that time, you shouldn't be paying $900 per month child support.
You will also ask for possession credit for the time that you've had to of three children in your home.
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