Legal Question in Family Law in Texas

I am the non custodial parent of three children. The two oldest (both are boys) are the subjects of the matter. The custodial parent has had custody for about seven years now. He has no job and no place to live, although he was living with his mother until recently. About five months ago his mother threw my 17yr old son out of the house, and I had to leave work to go pick him up from a neighbor's house where he called me from. He has been living with me since then. The custodial parent is in and out of jail, and currently in jail for DUI and possession. I don't know how long he will be there as this is not his first offense. He has not been using the child support money to care for our sons. I know because I'm paying out of pocket for all their needs on top of the money they take from my pay every week. And I'm fairly sure he is using the money to buy illegal drugs since it's his only income. What can I do to get legal custody transferred to me and stop the child support payments without an attorney? (As I can not afford one because of the situation).


Asked on 1/17/17, 9:26 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Sorry, but you're going to need an attorney. If you try to do this by yourself, you'll just keep hitting dead ends. Or Dad's attorney (yes, he will hire one) will block everything you do, because he knows civil procedure and you don't.

File a Petition for Modification NOW that asks for temporary orders. You want to ask for custody of all three children.

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Answered on 1/18/17, 6:33 am


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