Legal Question in Family Law in Texas
custody of step-daughter
My Husbad's Ex-girlfriend has custody of their 9 yrd old dghtr. The case is through the AG's office for child support, so cstdy was just given to the mom. Recently we sent the mother 6,000.00 for child support and she spent all the the money and not on the child in a matter of days. I just found out that their lights have been turned off again. She lives in house were there is a total of 11 people living(5 of them are children). The mother also has been in jail several times.My husband is not working at this time.Being the step-mother and being in the child's life since she was 9 mnths old, could I take the ex-grlfrnd to court for custody? Can my husband request rcpts for the money we just sent her? Does she have to produce those rcpts? what if she refuses? We go to court again through the AG office in February. The papers say she can disperse the funds for the benefit of the child (as it is clearly her money not the mothers).What can he do since the support order is through the AG office about making her spend the money on the child? the mother and grandmother says hurtful things to the chld The mother complains that she is tired of being but likes the child support.
1 Answer from Attorneys
Re: custody of step-daughter
My Husbad's Ex-girlfriend has custody of their 9 yrd old dghtr. The case is through the AG's office for child support, so cstdy was just given to the mom. Recently we sent the mother 6,000.00 for child support and she spent all the the money and not on the child in a matter of days. I just found out that their lights have been turned off again. She lives in house were there is a total of 11 people living(5 of them are children). The mother also has been in jail several times.My husband is not working at this time.Being the step-mother and being in the child's life since she was 9 mnths old, could I take the ex-grlfrnd to court for custody?
ANSWER: NO. THE FATHER NEEDS TO BE THE PERSON TO MODIFY. IF HE WANTS TO MODIFY, THEN HE NEEDS TO HIRE AN ATTORNEY TO FILE IN THE DISTRICT COURT OF HARRIS COUNTY AND GET THIS CASE MOVED OUT OF THE TX. A. G. COURT.
Can my husband request rcpts for the money we just sent her?
ANSWER: NO. SHE DOES NOT HAVE TO PRODUCE RECEIPTS.
IF YOU WANT TO MODIFY THE CURRENT LEGAL DOCUENT, YOU COULD ASK IN A PROCESS CALL 'DISCOVERY' FOR COPIES OF RECEIPTS AND OTHER INFORMATION.
Does she have to produce those rcpts? what if she refuses? We go to court again through the AG office in February.
ANSWER: I URGE YOU TO CONSULT AN ATTORNEY AND HAVE SOMEONE REPRESENT YOU IN COURT.
The papers say she can disperse the funds for the benefit of the child (as it is clearly her money not the mothers).
ANSWER: CHILD SUPPORT IS FOR THE CUSTODIAL PARENT. IT DOES NOT BELONG TO THE CHILD.
What can he do since the support order is through the AG office about making her spend the money on the child? the mother and grandmother says hurtful things to the chld The mother complains that she is tired of being but likes the child support.
ANSWER: AGAIN, IT SOUNDS LIKE YOU NEED TO MODIFY THE CURRENT ORDERS.
OUR OFFICE CHARGES A DEPOSIT OF APPROXIMATELY $1,500 TO BEGIN A MODIFICATION IN HARRIS COUNTY. IF IT'S IN FORT BEND COUNTY, IT WOULD BE HIGHER.
GOOD LUCK!
MERRY CHRISTMAS!
FRAN BROCHSTEIN
WWW.FAMILYLAW4U.COM
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