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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11772
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Custody trial done. Temporary order set costs & expense of

Customer Question

Custody trial done. Temporary order set costs & expense of transportation for visitation to be split 50/50 between parents. Final decision says same.Dad in tx. Mom in Iowa. Mom bullied dad into coming all the way to iowa to get child in June. We incurred hotel and gas expenses. She did not pay half. She agreed to pick him up in TX at end of summer but now is backing out and demanding we return child to her in Iowa. Mom is threatening that Dad is in contempt if he doesn't drive child back. Is this true? Isn't mom just as much in contempt for not sharing expense? Dad's lawyer quit 3 weeks before trial. He had to represent himself. Dad wants to appeal. Not sure if that is good idea or bad. Mom is repeated domestic violence offender, was investigated by cps 2x , and we think unsafe environment for child anyway, but judge didn't get see evidence because of "objections" by moms lawyer. Should dad appeal? Should he just let her mess up again and be there to take kid since he now has "joint custody" (mom got primaryp physical)? Why do judges send kids back to unsafe homes? Dad had entire family at trial. In Iowa. 6 people. Investigators were crossed off and not allowed. Cps lady and reports not allowed... Mom had two witnesses. Who both confirmed dad had child in his care 50% of his 6 years. Dad proved it with time-line, photos, and travel docs. We are just really confused as to what to "do" or not do next. Appeal? Or not. Force mom to come to TX to pick up child? Or give in and take him to iowa? What happens when she gets in trouble again? Can dad go get child then? Since he has joint custody? Any help is appreciated. Apologies for the long-winded questions.
Submitted: 11 months ago.
Category: Family Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Customer: replied 11 months ago.
I can't afford to pay.
Customer: replied 11 months ago.
I understand that our situation is complicated. Trying to decide what route keeps the child most safe. Mom really wants child support, not actual child. Judge also doubled dads support payment. If she doesn't come, but takes child support for a year or two, isn't that fraud? If she leaves him here... which im pretty sure she will... how long before judge might modify to give dad primary physical?