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PLEASE HELP~ I NEED ADVICE ABOUT CUSTODY/VISITATION....ECT


ok so my ex SO and i had Temp. orders made when our daughter was born 2/22/08... anyways we moved in together 6 months later, and then had a FINAL case on DEC 22, 2008. in the papers we stoped child support, and apparently they changed the papers to joint custody.

WE BROKE UP jan 3rd!! of 09. I NEED those papers changed so that he can pay child support, not to mention i NEED to change it to full custody for me bc he is now able to get her 30 DAYS of the summer. WITH OUT me getting to see her!!!! SHE WILL ONLY BE 16 months by then... IS THIS RIGHT?!?!?!


my attourney said that i cant TOUCH it for ONE YEAR! i live in the state of texas and i NEED to change this... does ANYONE know i can to fix this.. bc i KNOW there HAS to be a way around this to fix the papers.. bc he now doesn't have to pay a DIME for her bt yet he can pick her up when he damn well pleases too!!! HELP PLEASE!!

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Anonymous

Asked by Anonymous at 6:58 PM on Jan. 30, 2009 in Relationships

Answers (16)
  • All states have different laws regarding orders. I'd call another attorney and ask them.
    Anonymous

    Answer by Anonymous at 7:03 PM on Jan. 30, 2009

  • Hmm no that doesnt sound right, but i dont think you can get FULL custody, its usually JOINT, unless there is proven cause why the other person cant see the child, no 30 days of the summer doesnt sound right, unless its 1 week lets say in june, 2 weeks in july and 2 weeks in august. She is too young to be away from you for 30 days straight, did you sign this paperwork or did you lose your case?

    I would ask for a discovery, then you can do a mediation, do you have a lawyer? Why did you get temporary orders made when your child was born? where you two not together and then decided to try again? Im sorry but i have learned my lesson, to not drop child support until we are MARRIED, because you never know what will happen as you unfortunately found out, if he is genuine, he will still pay you child support EVEN IF ITS NOT ORDERED.

    As your child gets older be prepared that the order can change...drastically
    camtri3

    Answer by camtri3 at 7:06 PM on Jan. 30, 2009

  • Well if you don't trust what your lawyer is telling you then get a different lawyer. I'm sorry for your situation, mostly i'm sorry for the child, you should be greatful if he wants to see her, most dads are no shows in those situations and every child still needs their father. In your case You need a new lawyer and talk to family court.
    Anonymous

    Answer by Anonymous at 7:07 PM on Jan. 30, 2009

  • If you moved back in with him after signing the custody paperwork you could look into refiling a new order and saying the old one is null and void because you got back together. Every state has different laws though and your lawyer knows more then I do. As for spending 30 days in the summer, well thats pretty standard. I dont see you getting that changed. Your child has the right to have both parents in her life and summer visits are going to happen. My advice is have her get used to it now rather then later and try and work something out with dad like a dinner or talking to her everyday. Use that 30 days for downtime for you. My kids visiting their dad in the summer is awesome. I miss them, but its a break I need and they need too. I think you will be ok.
    gemgem

    Answer by gemgem at 7:08 PM on Jan. 30, 2009

  • Oh and forgot on CS thats simple. Go to the child support office and open a case and explain hes left the home and isnt supporting her. Theyll take him to court and thats that.
    gemgem

    Answer by gemgem at 7:09 PM on Jan. 30, 2009

  • that definitely isn't right. custody agreements can be changed at ANY time by either party. Of course you'll need to either settle out of court or go before a judge, but there is NO reason that it can't be changed right away. Talk to a different lawyer for sure.
    stepmom929

    Answer by stepmom929 at 7:13 PM on Jan. 30, 2009

  • well go to the courts and refile, and call another attorney. 1-plead that although you want him to be allowed to have days of seeing him, she is still a baby and you want to be involved as well. 2-push for child support (although normally, at least where I live, they do it seperately).
    xxhazeldovexx

    Answer by xxhazeldovexx at 7:49 PM on Jan. 30, 2009

  • your best bet would be to work it out, (until she is older) so that he gets her one day on a weekday, and one day on the weekend. My brother does that, and it seems more than fair for them.. he gets him at Wednesday at 4pm (when he and her get out of work/college) until 8am the next day, and he get's him saturday or friday night (they alternate the days)
    xxhazeldovexx

    Answer by xxhazeldovexx at 7:52 PM on Jan. 30, 2009

  • go to the free law site and speak with an attorney - www.avvo.com ( that is 2 v's not a w)
    admckenzie

    Answer by admckenzie at 7:52 PM on Jan. 30, 2009

  • in inidana you cant change it for a year either! hope you guys can work something out!
    meathere1121

    Answer by meathere1121 at 9:21 PM on Jan. 30, 2009

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