Legal Question in Family Law in Texas

I live in Texas. I was seperated for 4 years and finally got divorced last year. My ex-wife and i have two kids ages 19 & 15 (my 15 yr old is now the only one in school). When we seperated both my kids came to live with me. I never asked for support. my 19yr old moved back with her last year. During the divorce process My ex signed a Wavier of Service form. she wanted nothing from me. She didn't even want to attend the court appointment. At that time my 19 yr old lived with her and the 15 yr old lived with me. The Divorce Decree states that since we each had a child living with us, we would each take care of them so no need for either one of us to pay child support. In January my 19 yr old moved out of my ex-wifes home and is now married and living with her husband. My 15 yr old still lives with me.

My ex lives about 150 miles away and She has not helped me with him for the past 4 yrs but NOW she wants me to bring him half way every two weeks so she can see him.

First, I cant afford take him,

second, he doesn't want to go that often and

third, why should i take him when she is the one who wants to see him and has never helped me with him.

She is now threatening to contact an attorney and take him from me because i wont take him to see her. she wants full custody of him.

My question is, Can she do this??


Asked on 5/16/12, 6:37 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You need to read your decree. What does it say (if anything) about people meeting halfway?

You need to file a motion for modification of the decree that asks the Court to order HER to pay child support to YOU.

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Answered on 5/18/12, 9:11 am


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