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Roger, Attorney
Category: Family Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in Belton Texas, I was married for two years & have

Resolved Question:

I live in Belton Texas, I was married for two years & have a son that is now 4. His mother left me aprox two years ago & moved to Louisiana 10 hours away, I still go to school & now a student coach for the school that I attend, we never seem to get on the same page of when I get to see him, we have a devorce I believe I never took the papers to get advice I just signed them. I just want my son I want to be his father.
Submitted: 8 years ago.
Category: Family Law
Expert:  Roger replied 8 years ago.

The first thing you need to do is get a copy of the divorce papers and have an attorney review them and tell you exactly what you've agreed to.


Once that is determined, you can file a petition to modify or change custody and visitation to establish a plan that allows you reasonable visitation with your son. Courts are usually willing to take on things like this as it is important for the child to have stability and support from both parents.


Get a copy of the order, and see an attorney about the specific steps you're going to have to take.

Customer: replied 8 years ago.
I was told that I would have to get a Lawer in Louisiana, since the devoice was in Louisiana. she left me for someone else & she was having his child & they moved to Louisiana.
Expert:  Roger replied 8 years ago.
If the divorce was filed in Louisiana, you would have to speak with an attorney licensed in Louisiana - any filings you make would occur in the case case.
Customer: replied 8 years ago.

who would I need to contact to get more advice for help in this matter


Expert:  Roger replied 8 years ago.
My suggestion would be to contact an attorney in the parish where the divorce was filed and have him/her get a copy of the file and find out what the status of the current divorce order states, and then you can discuss what to do about modifying the order.
Customer: replied 8 years ago.

what about her taken off so far, does she have to move back to closer

Expert:  Roger replied 8 years ago.
That's up to the judge - whether she is required to move back will depend on what is best for the child. You'll have to prove that it is better for the child to move closer to you, but the judge may suggest or order that if you want this, you'll have to move to the child, not for the child to move to you.
Customer: replied 8 years ago.

she left me for someone else & got pregrant while we were still married, she moved from me I didn't move from her. We have a house in Belton in our name but my dads paying for it can she come back & get it from him.


Expert:  Roger replied 8 years ago.

I'm not saying that's what the court will do, I'm just saying that you need to understand that he could refuse to force them to move, and could tell you that if you want to spend more time with him, you'll have to move.


This is certainly not the only option, but it is possible.

Customer: replied 8 years ago.

not understanding, your saying that it is possible for her to come back & take the home.


Expert:  Roger replied 8 years ago.

No - I'm talking about visitation with your son. I'm not talking about the marital home or how to dispose of it.


With regard to the house, if her name is XXXXX XXXXX title, she can file an action to partition the property, which will force the property to be sold, and the proceeds to be split between the two of youl.

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