Legal Question in Family Law in Texas

My son's mother and I have had a standard visitation agreement, as well as a child support agreement set up last year. We were doing fine following the order and everything up until not long ago, when my son's mother decided she wanted to get back together with me, and because I did not want to get back together, she has not been letting me see my son. I've called the police and reported it. I have my family as witnesses. She has also been in trouble for leaving both of her kids including my son in her car while she went inside a building to run an errand (a constable wrote her a citation and called CPS). Also, due to her busy work schedule, she is not really there for my son, he is mostly being watched by her parents or the babysitter. Is there something that can be done about this issue? I don't believe I deserve this, and if possible, I would like to pursue full custody. I know I will end up hiring an attorney for this matter, I was just wanting a little more information on how this process plays out.


Asked on 5/06/15, 7:10 pm

1 Answer from Attorneys
TC Langford Langford Law Office

This is not about what you deserve, it is about protecting your son and her other child. Being watched by her parents and a babysitter while working is not grounds for a change, assuming they are competent people. Being left alone in the car, under a certain age is cause for concern, and therefore a valid reason to seek modification. Enforcement is often filed in the same lawsuit, but would seek enforcement of the possession and access - with the solution often being to provide you additional time with your son to make up for lost time. Your attorney will likely seek Temporary Orders after filing initial pleadings. Full custody is a common term, but actually not applicable. Parents are usually Joint Managing Conservators, with common rights and duties, and one parent begin designated as the primary since that person gets to determine the child's residence. Find an attorney in your area to explain the details to you, and good luck.

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Answered on 5/08/15, 1:45 pm


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