Legal Question in Family Law in Texas
need help on custody questions 'asap'
my son's lived with me in texas for past 4 years. before he lived in arizona with his dad for 5 years, my ex had custody and i paid child support. 4 years ago my ex said my son could come live with me, my son wanted to come. i caught up on back child support to that month, i went to get him. my ex said he didn't want to give me custody, that he would just send $200 monthly for support. the ex always paid the support, provided insurance and bought our sons school clothes. i put my son on medicaid because my kids were on it and because of the type of HMo insurance i couldn't use here only in the service area 6 hours away. the attorney general said they could amend orders to reflect change of custody. when i told my ex he got mad saying that i was trying to screw him up. because my ex has custody on paper(the last court order) can he come and take my son away from here where he has resided the last 4 years? am i still liable for the child support that has incurred since son came to live with me because my ex didn't want to give me custody? if so what are my options? i really cant afford a lawyer and would appreciate any advice. thank you
1 Answer from Attorneys
Re: need help on custody questions 'asap'
You really need to change the order formally with the courts. Also, since the child now lives in Texas, you should register the order here. If your ex tried to take the child back, you could go t court immediately and try to stop it based on you having the child for the past four years. However, that may still take some time and in the short run, you could have a problem. In addition, while you can use your possession of the child as a defense to not paying child support to him, your not going to court may be costing you child support that is due you.