I have a newborn daughter who was born the 25th of October. My S2BX wife didn’t call me when the baby was born her aunt did, she won’t let me see my daughter and she says she is not going to put my name down as the father.

My wife & I separated at the end of May because allegations her mother made against me that were false well since I have been gone I have tried doing everything I can to help but she won’t return my calls or e-mails and than she sent me an e-mail telling me what she intended to do once the baby is born I have a lawyer and we have a temporary hearing set for the 26th.

I will pay my child support all I want is to be a part of my daughter’s life can my S2BX keep my daughter from me? If not how much time will I be able to have with my daughter?

However, a judge will not look kindly on a failure to continue support payments. You need to document your employment history AS WELL AS all efforts to find work and ask for your payments to be lowered. Meanwhile keep making the payments as best you can.

As for visitation, in many states a mother interfering with visitation is not acting in the best interests of the child. File a motion for contempt citing ALL of the difficulties you have encountered – list each one in numbered paragraphs with dates if possible. As the judge for custody or ask for joint custody with legal residence awarded to you – that’s a small psychological victory but a victory if you win.

Hi, Make sure you pay something and document it! Keep a receipt.

You need to show some consistency even if it is a couple of dollars a week.You can do it without a lawyer.

You also need to go for a modification of child support at least. Go to the clerk at the court in the jurisdiction where your daughter is and ask for the paperwork. Start taking a look at it. You need to learn what your options are and finding out what the courts arrangements are for a modification is a great way to start.

The judge should recognize your plight, but they are going to expect you to pay your arrearage up to a modification. Since she has a history of living with the mother and you have not been keeping up with your payments it might not look good to the court to award you custody. Just my input. I have been going through something that is just as painful. Good Luck.

Hey guys,
My custody divorce has been drawn out in the Tarrant County, TX, family court for 3 1/2 years! I was appointed “temporary” sole managing conservator (sole custody) 2 1/2 years ago in July. The kids, 4 and 6, now 8 and 10, are doing great and I am very blessed and have lots to be grateful for.

But I am going CRAZY! HOW CAN I GET THIS OVER IN TARRANT COUNTY, TEXAS!

After 4 days of hearings in July, my grave concerns were validated and her “fiancee’, a convicted child molester, was ordered removed from the children’s lives. Later, we were ordered to mediation twice in the next year or more. She will not accept anything but her having custody. Since, I have had trial dates set and canceled five times in the last year.

She continues to exhibit despicable judgment and behavior. The social worker and psychiatrist continue to recommend I keep the kids. She has now hired her forth attorney to muddy the waters. My life has been on hold for more than three years now!
Gender Bias: Texas law states that gender will not be considered, but I know that a woman would not have to endure such “I’ll take you all down with me” tactics by a man who had previously lost his parental rights in court. She has nothing to lose by firing attorneys, filing pro-se, hiring new attorneys, stonewalling good-faith mediation, stalling discovery and productions (I have had 4 full discovery requests in the last year)

In addition, she has been ordered to pay “zero” child support.

They had me “escrow” a profit-sharing check (as if they couldn’t have known that the money was just going to the attorney’s anyway).
I have had zero attention given to any of my financial matters (she is paying only 1 of five commercial loans on a hobby business I started- she claims to be her “employment”. She was given control of it (3 years of my hard work)in the very first “closed chambers” hearing in ’98 without so much as a fight because my attorney wanted to keep our focus on the kids.

She has now moved less than two blocks away from my home. She picks fights in public, comes uninvited to my property and even climbed into my truck in front of my son and wouldn’t get out. I have called the police once, but should have on three other occasions but didn’t because the kids were present. It goes on and on.

Recently, my attorney got the judge to give the case up because he went from April 16, to August 20, to October15, to next year – MARCH 4 for our next trial date! This started in August!

Lots more Dads issues embedded in this case, running out of energy… and money. Any suggestions?

I have visitation through the courts every other weekend of my 16 and 11 year old daughters. My ex has consistently been in contempt of court, doing everything she can to keep me from seeing my daughters. To complicate matters, she gave my 16 yr old the option to live with my ex’s step-son who is 26 and his girlfriend. My 11 year old is consistently left home alone to “do her homework” on the internet.

I have been to social services locally here and while they said there is possible “neglect”, there are no signs of abuse and closed the case….The said that since My daughter is 11, left at home for no longer than four hours each day, and has means to contact my ex in case of emergency, they are closing the case. Also, I have fallen behind drastically on my child support payments…..the payments I have been making were the original amount set by the courts and since then, I have been out of work on and off and my gross salary has dropped.

I’d like full custody of my 11 yr old to possibly move out of state….I know a lawyer is inevitable but as you’d guess, do not have the funds. What I’m seeking is advice and direction here.

Thanks in advance

The plaintiff in my case has sent me a registered piece of mail that I haven’t gotten yet… I had a downward modification because of my wife’s illness and I have started to pay a little more than my ordered amount.

In the new order I am responsible for paying 1687.00 dollars in back support while I waited to go to court. My lawyer said to pay a little towards that back amount. (a couple of bucks). I guess this month I will need to ask for a cash advance to make my ends meet. I will do it at UtahCashHelp which is my website of choice when it comes to any financial needs in Utah (where I live).

I am guessing that this certified letter is notifying me that she wishes to take it to appellate court. I am so sick of court. On the other hand it could be notice of contempt for not paying 1680.00 or an enforcement…

I sent her my payments with a new p.o. box so I don’t know how easy it will be to have me served…The payments before were threatening to have my family out in the street. Will keep everybody updated.

Yesterday, in Wichita County, Texas, I was given custody of my two boys. Besides feeling relieved that they are no longer under the abusive care of my soon to be ex, I am estatic that they are with me again. I know we are not supposed to advertise here, but i would like to take a moment to thank Mr. Bruce Martin (my new attorney) and suggest him to anyone in this area who is fighting for their kids. He ain’t cheap, but you get what you pay for. Some things I learned from this experience so far:

Document EVERYTHING, regardless of how insignificant;

Become involved at their school (you will get more info about them, and will have some friends when you go to court, I had a lot of the school staff at my hearing yesterday);

Do not become discouraged. Easier said than done, but those that would keep you from you kids depend on you giving up, and then they use the fact that you gave up as proof that you didn’t really want the children to begin with;

Refrain from knee jerk reactions. You WILL be lied to. When dealing with organizations such as CPS or DYFS, find out EXACTLY what they can and can’t do, and if they make an outrageous statement, ask for it in writing. If it is true, they will not hesitate.

Buy a small tape recorder ($25 at any retail store) I do not know about other states, but Texas law says that if ONE party of a conversation knows the conversation is being recorded, it is legal.

Hope this helps, and I will keep ypu updated as I now begin to fight for custody of my non biological daughter, whom I have raised since birth. That will be a long and arduous fight, but I am fortified by my recent victory. I question many time if I was doing the right thing during this, but walking out of that court room with my boys was WELL worth the fight…

You want to claim that her expenses actually support your argument that she has income she is not reporting. That could be tough without an accountant and she could always lie about how she covers the expenses.

However, the bigger issue is the best interests of the child – money is only a small factor and the fact that she will lose money on the deal will not be very important to the court. Be prepared to show how you are raising your child. Plenty of people with little money do an excellent job of child rearing so I wouldn’t pin my hopes on just showing that she is in it for the cash.

I go back to court Monday fighting for custody of my daughter (12) who lives with me full time. My ex is fighting but it’s really about the money she’ll lose and unfortunately not because she cares for our daughter.

She is claiming hardship while I’m claiming she has unreported income. I’m looking for Californina case law or decisions that attribute income based on regular expenses that meet claimed income.

This is really about me being able to financially support our daughter instead of the ex.

Thanks in advance

I strongly suspect you’ll have to take her to court and it could be expensive. Even if she doesn’t get additional state aid, you’re still going to be paying her child support which is non-taxable so why should she give up the child.

My recommendation is that you hire an attorney and be prepared for a lengthy court fight.

As an alternative, if the two of you live near each other, consider joint custody with alternating week visitation. Its not all that you want but its better than weekends.

And I wouldn’t discuss the matter with your girlfriend any further without talking to the attorney first.