Legal Question in Family Law in Texas

CUSTODY and Moves

My step-son is 9 yrs old and his father and my wife were never married. My wife was giving the right to determine his residence with no regard to geographical location. We moved to Germany in Feb. '06 and his father started court proceedings. I am a military officer with a graduate level degree and my wife is an elementary school teacher also with a graduate degree. His bio-father is an attorney.

1. His bio-father has never lived in the same city or county as his son.

2. He only saw is son every 30 - 45 days or so.

3. He has never paid child support on time(always late).

4. He has been practicing law since ‘02 and was only paying $300.00 - $400.00 in CS per month.

5. He has never obtained the court ordered medical insurance for his son.

6. The month we moved to Germany he withheld child support.

7. His father has moved several times throughout the state of TX

8. He has never taken an active interest in his sons education(never met with teachers, counselors or attended extracurricular activities)

We agreed to let my step son spend one semester with his father to help their relationship, now he wants custody. He is banking on a jury painting my wife as a mother who is keeping a child away from his father

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