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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13568
Experience:  19+ Years of Legal Practice in Family law matters.
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I have custody of my children.My ex and I have a previous

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I have custody of my children.My ex and I have a previous court order that allowed me to move them permanently to the state of Texas due to my spouse being in the Army..I have been in Illinois for a few weeks staying with family after a recent tragedy, my spouse is serving in Iraq.And now after I have allowed the father visitation he wants to take me to court and amend the previous order and change their last name and demand all this other stuff.What should I do ?




Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...


First, I am very sorry that you have suffered a tragedy in your family. You have my sympathies.


With regard to question: Your facts are scarce, but of course, if you are not amenable to what he wants, you must oppose any Motion he cares to make. I assume he has not made the Motion, but is only threatening? If you live in Texas, he may have to file in your TX county, which will have jurisdiction if you have lived there more than 6 months, which may sway him to not bother.


I am a bit confused on your statement that you "allowed the father visitation." Since you have a custody order, was there not a visitation order there as well? (I say this because generally the father would have the right to visitation with his children.) Also, what is going on with the children's names? Was it his last name at one time and did you change it to something else? Or was it never his last name?


In any event, you need to make sure that if you two can't agree on the changes he wants, and if he files a Motion seeking these changes, that you OPPOSE the motion. You have to make sure to read the papers you are served with and file a written Answer opposing, to better ensure that he does not win by default.





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Customer: replied 8 years ago.
The children have my maiden last name since birth and is also behind in rearage for child support and is demanding he claim them for taxes every other year as he has been in and out of thier lives since my second child was born.But I thank you for your advice and I would recommend .

Are you saying that one of his demands that he wants is to claim them on his tax return rather than YOU claiming them? I think you will have better chances of winning that one, particularly since he isn't even paying his support, how can he expect to write them off? lol, he is overly demanding, isn't he? I don't see you having a big problem here, a judge WON'T be happy with him. AND, make sure that if he does file a motion, that you Answer and include in that answer a Cross Motion to enforce child support and/or seeking incarceration for contempt of the child support. Let him know that if you have to take the time to go to court, you will have no choice but to have the courts enforce the CS order that he has been violating. I can not see him pushing that envelope (although some guys just aren't so bright, I know :)


Good luck!

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