Legal Question in Family Law in Texas

Modify 01-30-2004 court order

My ex girlfriend is listed as the custodial parent of my 5 year old son. I am the non-custodial parent and I pay my child support and half the school tuition and all that. Since 02-2008, my ex does NOT take my son to school and he spends 20 nights a month with me. So, the remaining 10 nights he stays with my ex. I am suppose to have him on 1st and 3rd weekends of the month. He has spent majority of the time with me and I pay the full months child support. The reason for the change is that my ex girlfriend just got a new job where she works graveyard and can't take my son to school. Is this enough to win being the custodial parent and have my son living with me? Should we go to court to modify the 2004 order? If I do go to modify the order....my ex girlfriend is going to have a fit and think I am attacking her through my son....we really don't get along. Thanks for your time


Asked on 4/14/08, 6:54 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Modify 01-30-2004 court order

If you file a motion to modify, instead of custody modify the child support based upon the amount of additional time and money that you must spend based upon the extra time.

Your ex can modifty the child support when she gets off the graveyard shift.

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Answered on 4/15/08, 12:10 am
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Modify 01-30-2004 court order

You should take your Order, go sit down with a good family law attorney, give him or her all the details of your situation and discuss all your options.

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Answered on 4/15/08, 11:45 am


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