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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2157
Experience:  Practicing Attorney with 10 years experience
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My ex husband and I had been sharing custody every other

Customer Question

My ex husband and I had been sharing custody every other week while He was still here in Austin,Tx regardless of the fact that the judge had awarded him temporary primary custody and I was paying him child support. This is a pretty complicated issue. My ex husband and I agreed with a mediator on custody. I was convicted of Intoxication Manslaughter and awaiting to serve my 9 year sentence once appeal was denied. He had been fired from Dell Computers and he could not seem to find a job so his Mother was paying his bills. She lived in Playa del Carmen, Mexico. With me facing my time in prison she convinced him to move to Mexico and work with her. We agreed on a custody plan in mediation. I felt I did not have a leg to stand on when I would soon be locked up. We agreed that I would see him every other month whether my ex sent our son here or I went down there. All expenses were to be covered by My ex-husband. He agreed also to drop receiving child support from me. In the mediation he said that he would move back to Austin,TX in 5 years. They have been down there for 8 years and 4 months. I was released from prison on parole March 2012. Then he informed me that he had no plans of coming back. Now I will be off of parole on Feb. 4, 2016. Each time my son comes to visit the time gets shortened. He comes to visit approx. 3x per year and lately no more than 2 weeks even in the summer. Also, in our mediation we agreed that he would be here for the entire summer. I never know the day that he will be coming. He will lead me on to believe that he is buying a ticket for him to come and doesn't. I have to hound him to buy a ticket to send him here. When he does I get notice the day before. It has been so stressful. Lately I have been so heart broken, he had promised to send him here the day after Christmas and he did not send him at all. I recently informed him that my grandmother died and I would like for my son to be here. Initially he said, of course, I will look into the flights. For the last two days I have not been able to reach him. Since, the wake and the eulogy will be this Friday the 5th I do not trust that he has any plans to send him. He leads me on and just expects me not to do anything. My son has American citizenship. He does not have a Visa to be there yet he has been living and going to school there. So, my question to you is do I have any rights and if so what can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

I am sorry about your situation. You certainly have rights but the challenge is enforcing them in Mexico. You need to file what is called a motion to enforce your mediation agreement to honor the terms of your agreement. You should also fole for a modification to at least 50/50 custody. The court might consider it if you have been clear of any criminal issues.

Expert:  Asad Rahman replied 1 year ago.

If you can get an emergency hearing with the judge and a signed order then you could then see if the Mexican government will enforce it.