Legal Question in Family Law in Texas
First off I live in texas. My sons mother whom we have been divorced for a number of years has let my son come live with me. He has been basically living with me since the end of may, but officially been living with me since the end of july. He is 11 and turns 12 in july. The reason she agreed to let him live with me is so he did not have to change schools. She dicided that she was going to leave her husband and move in with the man whom she was having an affair with who lives 40 miles away. Now this turns out to be a mute point due to the fact she only lived with him for 2 weeks and now her and her husband have moved back in together. So now she is pushing my son to agree to move back in with her now that she is back in her same house. He says he doesn't want to and I don't blame him. There are several reasons I don't want this to happen.
1. Her house is over crowded. If my son was to move back in here is the list of people sharing a 3 bedroom house. 3 minor boys, mom stepdad and grandpa. Thats too many people in my opinion.
2. I think the stepdad is not a good step dad. I have been told that be has makes very derrigotory remarks to the kids on a regular basis. For example I'm going to beat your asses till they bleed and you pray to god to make me stop. The grandpa is the same way.
3. She made some very rash decisions that affect my son. She was having an affair, left her husband, moved in with the boy friend, which she had to transfer her other two sons schools and move them in with this man, just to move them back to our town a couple weeks later. Her actions are selfish and show no concern for her kids.
4. With the affair and all of the issues that the mom and step dad need to work out I don't really know if that in itself will be a good environment for him. As far as I know they're way of handeling it is ignoring it and going on like it didn't happen. The first time they split up he left and she was telling me that she was taking the boys and they were going to go and live with grandpa in michigan. So notice the pattern. The first time they were only split up for a few days.
And the list goes on.....
I am still paying child support on my son. And currently there is nothing to keep her from throwing a divorce decree in my face and making him move back in with her. Any advice would be helpful.
2 Answers from Attorneys
You should get a criminal records check on all the men living in her house. If the record is not clean it may be helpful in a custody fight.
If your son is living with you, you should not be paying child support on him. A motion to modify should be filed to fix this.
I agree with Attorney Engelke.
You need to file a motion to modify. Look on this website and on www.avvo.com for an attorney to represent you. It sounds like you have grounds to ask for custody of this child. I would be on the phone today and be in an attorney's office immediately.
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