Legal Question in Family Law in Texas
Living arrangement
My wife has custody of my son and lives 10 miles from me. For years now my son lives with his Grandmother, which is 38 miles from me. I let her know I diagree with this an she says it is his choice. He is 8. Child support goes to Grandmother's address. Everytime I challenge this she brings up raising child support. I pay 23.8%. The Grandmother acts like she is his mother. i question some of the decisions made on her behalf. They never consider me in these decisions for my son. I only communicate with the Grandmother. If I talk to my exwife she says call Grandmother. Why can't I have him if she is not raising him? Why can't my child support be lowered? Why hasb't the Attorney General stepped in on these living arrangements. i do not think they know. This is why child support gets brought up each time I mention the living arrangements. My ex holds on to the apron tails of her mother and has since he was born. Isn't it fraud to claim him on income tax when she is not the one raising him? Why doesn't she have to give her curent address?
Disagruntled father. I would appreciate your comments.
1 Answer from Attorneys
Re: Living arrangement
You ask a lot of questions. You probably need to meet with an attorney with a certified copy of your divorce decree (or the last document the judge signed).
But, here it goes...
years now my son lives with his Grandmother, which is 38 miles from me. I let her know I diagree with this an she says it is his choice. He is 8. Child support goes to Grandmother's address. Everytime I challenge this she brings up raising child support.
ANSWER: CHILD SUPPORT FOR ONE CHILD SHOULD BE 20% OF YOUR NET RESOURCES. I DON'T KNOW HOW YOU CALCULATED 23.8%.
The Grandmother acts like she is his mother. i question some of the decisions made on her behalf.
ANSWER: YOU NEED TO READ YOUR DECREE. IN THE DECREE SHOULD BE 3 SETS OF RIGHTS AND DUTIES FOR THE PARENTS. YOU HAVE RIGHTS. YOU NEED TO MEET WITH AN ATTORNEY TO EXPLAIN THE RIGHTS AND DUTIES TO YOU.
They never consider me in these decisions for my son. I only communicate with the Grandmother. If I talk to my exwife she says call Grandmother. Why can't I have him if she is not raising him?
ANSWER: AGAIN, YOU NEED TO MEET WITH AN ATTORNEY. YES, IF THE MOTHER DOES NOT HAVE HIM YOU SHOULD HAVE CUSTODY. HOWEVER, YOU HAVE ALLOWED THE CHILD TO LIVE WITH GRANDMOTHER FOR OVER 6 MONTHS AND NOW THE GRANDMOTHER HAS STANDING TO ASK THE COURT FOR CUSTODY OF THE CHILD.
Why can't my child support be lowered? Why hasb't the Attorney General stepped in on these living arrangements.
ANSWER: THE TEXAS ATTTORNEY GENERAL DOES NOT CARE WHERE THE CHILD LIVES. IF THE CHILD IS IN DANGER, THEN CPS GETS INVOLVED -- NOT THE TEXAS A.G. OFFICE.
BE ADVISED THAT IF YOU GET BEHIND, THE TEXAS A G WILL BE THE FIRST ONES KNOCKING ON YOUR DOOR AND TRYING TO THROW YOU IN JAIL!
Why doesn't she have to give her curent address?
ANSWER: MOST DIVORCE DECREES STATE THAT THE PARTIES WILL KEEP EACH PARENT CURRENT. WITHOUT READING YOUR DECREE, I CAN'T SAY ANYMORE.
I STRONGLY URGE YOU TO GO SEE AN ATTORNEY AND PAY FOR AN HOUR OF THE ATTORNEY'S TIME TO LEARN YOUR LEGAL RIGHTS AND REMEDIES.
GOOD LUCK!