Legal Question in Family Law in Texas

My ex has worked out of state 8 of the last 15 months leaving me with 100% custodial responsibility for our two young kids when he is out of town. Our custodial agreement is a 60/40 split and we are joint managing conservators. He pays me child support. I own my own business and his inability to take the kids for his 40% of the agreement has had a direct impact on my earning potential. He does not give me any additional financial compensation when he is out of town.

Do I have any legal recourse and are there any legal ramifications for him because he is not meeting the terms of our custody agreement?

Our mediated agreement was signed in November 2010 and the divorce was filed with the court in December 2011.


Asked on 6/13/12, 6:04 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You could try a motion to modify to increase child support. If your Ex's income has increased since Nov. 2010, you be entitled to additional support.

Visitation is a right, not a duty. You can't make another parent visit his children. Many divorces have provisions that require a non custodial parent to notify the other parent within a certain time frame if that parent will not be visiting the child during a scheduled period. You can point this out as a violation of your motion and allege that this violation of the notice provision is causing you to incur additional expense, that you believe that the violations will continue and that you need additional child support.

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Answered on 6/13/12, 7:41 am


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