Legal Question in Family Law in Texas
Power of Attorney and Child Support
My ex (whom I didn't marry because she is legally married) and I have a problem. She is military, I am returning to the military. We have two children, ages 3 and 4 (she has 2 others-2 different fathers) Based on a Texas court paper, we have joint custody. 6 months with me, 6 with her. I know this constant moving and adjustment is not good for the children. She has sent me a ''durable power of attorney'' for 1 year, for custody of the children, so she can keep them. (One ''base'' home is what I want for them, they seem happy with her, when they get older I want them to decide who they want to live with.) She is asking me to sign a paper agreeing to give her child support. I had the children for a year while she was deployed, she paid nothing. She gets dependent money from the government for them, I saw none of it. Now, she wants me to pay her. The original agreement said no child support, but that was with joint custody. I love my children, but their mother is not always honest and forthcoming. Please advise me before I do something I will regret. I want my children to have one home, not be moved every 6 months. But is a power of attorney the way to go? And am I required to pay child support with it? I don't trust her. Please advise.
1 Answer from Attorneys
Re: Power of Attorney and Child Support
None of these documents you are describing are enforceable in any court of law. They merely document what your intentions were at the time they were signed.
The only way to change the court order, is to get another court order that modifies it.
This is a different kind of war -- where often mothers and children are separated, as well as fathers and children. There is limited law, as of yet, for guidance. You can reach an agreed order of modification -- or you can present the situation to the court for the judge to decide. In either event, you need a lawyer to make sure that you are fully protected.
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