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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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I'm in Texas. Can you help with questions regarding

Customer Question

I'm in Texas. Can you help with questions regarding modification of possession and support?
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: How does this service work?
JA: Please give me a bit more information, so we can help you best.
Customer: How does this service work?
JA: Is there anything else important you think the Family Lawyer should know?
Customer: Just need to know what is pertinent in arguing 50/50 custody and reduced or no support. I know it is best interest of child but just not sure how the courts view things or what information we can present.
JA: OK. The Family Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in? OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Can you be a little more specific in your question? Everything that has happened since any prior orders can be pertinent to the court, so is there something specific you are curious about?

As to what is important re: child support, that is based income and amount of time the child spends with each parent. Most courts frown on ordering "no support" even if the custody is 50-50 unless both parents earn about the same amount of money. If one parent earns more than the other then what most courts do is figure what each parent should pay the other and then wipe out the lower one and award the difference to be paid by the higher earning parent.

Customer: replied 4 months ago.
Mom is high conflict. Current orders are very messed up. My husband had a very bad attorney and just didn't have the money to keep fighting. Dad was working where he had to be at work at 6am most morning but now works from home and has a flexible schedule. What he has now is really less than even standard. He is very involved and wants to be involved. Mom takes every opportunity to let dad know that he has zero say in anything to do with child. She is more educated than dad and their incomes are not that far off. She also takes every opportunity to let us know she is more educated and is superior. The current orders don't make an allowance for weekdays during says during school year so she is only allowing every other weekend right now....doesn't care how it affects child. And they also call for 3 different 7 day superior right of possession which she and dad cant agree on what that actually means. She has with held him from dad once and changed his school without consulting found out from child when he picked him up from school. He said daddy I like my new school...this was Wednesday and he started new school following Monday. That also violated orders.
Expert:  JD 1992 replied 4 months ago.

As I said, the judge considers everything including her ignoring the order. If their incomes are the same and he awards 50-50 custody then it is likely he won't order any child support.

Customer: replied 4 months ago.
But what argument legally can we make for the 50/50. I just want to make sure we get it bc the way we have it structured there is minimal contact between mom and dad...pick up and drop off at school and meeting in public place. She also says he abused police report and wasn't brought up in the divorce at all. So I don't want him to have contact with her at all bc I'm afraid she will make false allegations.
Customer: replied 4 months ago.
We are in Texas.
Expert:  JD 1992 replied 4 months ago.

It's hard for me to identify a specific argument because I can't do an in depth interview on here. The usual reasons are that it is better for the child, he will spend more time with him (if mother is using a day care) etc.

She can't bring up any allegations of anything that happened before the last order was granted.

Customer: replied 4 months ago.
Mother is a professor at a local college and does online courses too but her family also owns check cashing places that she works at as well....she takes him with her.....which we are going to try and have that added to order that he can't go to the check cashing with her....not safe. But to her that is better than him being with dad...
Customer: replied 4 months ago.
Right now dad has him (except in summer) every wed overnight, every other weekend from 4 friday to 6 sunday and every other Monday from 4-8. Child is 6. We want to go to where she has him every Monday and Tues and us every Wed and Thurs and alternate weekends and then summer would be 14 day periods. Child transitions well. We had him for a week and he never even asked for his mom. We even let her take him to lunch.
Expert:  JD 1992 replied 4 months ago.

I agree taking him to a check cashing place isn't a good idea. There are probably statistics on how often those places are robbed, etc.

Customer: replied 4 months ago.
is there any case law for us to argue 50/50 and reduced or no support. And the reduced or no support is bc we believe we could better allocate funds to him. As in setting up a college fund...she chose to buy a horse trailer after saying she couldn't fathom putting back for education. And she sent a note with him along with 2 pairs of pair of pants was stained and one had a hole in the knee...the note said you may want to consider buying him some more pants. He sends them home to her and doesn't respond to it...the next 2 times dad picks child up from school he has on pants with holes in knees (mom chose to enroll him in private catholic school without dads knowledge), child says my momma said you need to buy me some more pants. Dad emails mom and tells her its unacceptable...she gets a premium for support right now. Buys pants anyway bc we don't want him in torn pants.
Expert:  JD 1992 replied 4 months ago.

I'm sorry, case law is outside the scope of the original question and, since it requires substantially more work and some expense to access the legal databases, has to be done through the Additional Services button.

However, you're not going to find anything that is much help. The concepts of the law are what I have discussed and so all you will find in a case law search is cases where they discuss specific facts, usually involving the child spending time either in a day care or with someone other than the parent as opposed to the child spending time with the other parent.

Things like the torn pants will help, be sure and save those, make notes, and take pictures.

The best way for a father to win these kinds of cases, and the reason I won most of mine involving the father, is that I was hired well before we filed to change the order and we began "setting things up". These situations are really like a chess game and you want to have all of your moves planned out and set up before you make them. Whichever lawyer you hire will do the in depth interview, find the weak points of the mother, and then begin to exploit them before the mother knows the lawyer is involved. In addition, the lawyer may want the child to see a psychologist or psychiatrist and, if you are in a small enough town, get an ad litem appointed who the lawyer knows will be favorable. This can also be done if things are set up early and followed through to the end of the case.

If you choose to add the Additional Service, someone else will actually do that, I only handle the exchange of information through this type of forum.

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