Legal Question in Family Law in Texas
Suspect that Ex (father) is mentally abusing my 9 yr old son.....
We have joint custody; my son lives with his Father. His Father is mentally abusing him. There's no doubt, but I'm sure it would be hard to prove. My son is the one that's told me all about the things his father has done. He wants my help. His Father and I can't discuss things. He won't tell me about the simple things in my son life much less important issues like this. Is this reason enough to take him back to court and get full custody? I wasn't in a place in my life (financially or emotionally) when the divorce occurred to fight him for custody. My son and I see each other on a very regular bases and are very close. He wants to come live with me. He has just opened up to me in the past week about all these things going on at his home. I've filed a police report and CPS has been informed, I just did this yesterday. I feel so helpless to help my Son, what should I do next. I don't have a lot of money but will sell everything if I have to, to get help. I have a much more stable home and a fiance that loves my son dearly and vice-versa. They're very close. Also the Father, Step-Mom and roommate all smoke marijuana while my son is in the house. I smell it when I pick him up very regularly. Help Please!
Thanks,
Desperate in Texas
1 Answer from Attorneys
Re: Suspect that Ex (father) is mentally abusing my 9 yr old son.....
Get a lawyer to file for a modification. Many attorneys will work with you on a payment plan. If the child is 12 or older, he can file a preference with the court, which is not binding, but is a significant factor. You will need to document the changes in your life, and your ability to provide a stable, loving home for him.