Legal Question in Family Law in Texas
I'm the father and I live in fort worth. The mother lives in San Antonio with my daughter. I have joint legal custody per San Antonio courts and the mother has physical custody. We went to court in august of 09 and it was decided that I would pay child support as well as medical for my daughter, in return I received visitation, one weekend a month and alternating holidays, spring break and the better part of the summer. I also had to do 3 supervised visits before I could take my daughter on my own. Child support was to start on October of 09. October came around and I've been paying on schedule every two weeks like I was ordered to. While trying to set up my first supervised visit for September (had to fly out, pay hotel, rental car + expenses since the mother was not willing to meet me in Waco, forcing me to have to go to San Antonio from Ft. Worth for visits). I was to go out there for the 13-19th of September. on the 9th of September. I've been trying to reach mom to see if the days were still ok for her to supervised the visits with my daughter. I had no response for several days and when I finally heard back from her, I find out that she's left my daughter in the care of HER family here in fort worth and she's off in San Antonio (I think, not sure where she's gone off too) collecting child support while my daughter is 10 minutes away from me. I need to know what my options are here, If my baby is not with her mother then I believe she should be with me, her Father! She used to be so far away but now she's 10 minutes away and it seems unfair that I'm still not allowed to have my baby with me when I am fully capable of caring for her, providing for her and loving her here in my home. I've heard that the mother was thinking of joining the military and I'm afraid of what's to come. What are my options? what can I do? I want custody of my daughter because I know I can care for her better than her mother can. I have a stable house hold, I live with my family who is able to care for her while I'm at work. I come home at 4PM every day, I have a stable job and she wont need anything. Please help me, I feel lost and helpless. I just want to raise my daughter.
Thank You
1 Answer from Attorneys
a. If your daughter lives in Ft. Worth, you can get venue in Tarrant County. After she's been living there for six months, the transfer of venue is mandatory. See sections 103.001(c)(5) and 155.202(a), Texas Family Code.
b. You'd file a motion for modification based on changed circumstances, i.e., Mom has relinquished actual custody to others.
c. In the meantime, contact HER family and see if they'll let you see your child.
d. And continue to try to contact Mom via mail (paper mail, so that you can keep copies of it ... to show the Judge later on).
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