Q: Ex breaking contract from mediation and hiding with my son, what can I do to enforce contract or get custody of my son?
Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight back for my son for primary custody and supervised custody with her since she disappears often. Last attorney I hired gave no fight and didn't do anything I was asking for and sided with mother.
A:
You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.
I strongly recommend that you make sure your child support payment history is accurate and shows that you have been timely paying your child support obligation, ideally since your final order was entered. A hiccup of a month or two here and there probably won't significantly impact your chances. Persistent and/or recurrent late payments will hamper your chances.
Make sure you exercise every scheduled period of possession you were awarded in your final order. Make sure you fully comply with any other orders contained in your final order.
Determine where your son is in school, and ensure that his school has your current contact information. Establish a residence in the same school district and, if applicable, the same school attendance zone as the school your son attends. Regularly attend school activities which other parents typically attend but don't do odd things like randomly show up at school to have lunch with your child. Make sure his teachers know who you are and are comfortable regularly communicating with you.
Get complete copies of your child's medical records directly from his health care providers. Make sure they all have your current contact information. If your son has any chronic or recurrent health conditions, make sure you fully understand what they are, what treatments he is receiving, what treatments are available for them, etc. If necessary, talk to those health care providers about those conditions.
Find out who your son's best friends and fellow classmates are. Learn about and, if possible, befriend their parents. Find out what extra-curricular activities your son enjoys. Learn about and, if possible, befriend their coaches, music instructors, etc. Attend such activities when other parents attend them. It is not necessary to attend every practice, every game, every performance, and every recital. But certainly attend many.
Be prepared to demonstrate that your personal life is stable. Make sure you have a full-time job with reasonable compensation at the same company for as long as possible (I recommend at least three years). Pay your bills on time. Make sure that you are on good terms with any living parents or siblings. Do not get arrested or sued for anything. Avoid drugs, alcohol, strip clubs, and other vices. If you choose to date, avoid bringing them around your son or his mother. If you choose to have a long-term relationship, make sure the other person is stable and is of similarly good character.
Make financial arrangements to fund your custody litigation. Assume at least $50,000 will be necessary to properly fund contested custody litigation to completion.
Once you have done these things, you need to hire an attorney who practices in the area of family law in or near the county where the child primarily resides. Joint custody is common in Texas. Supervised visitation is rare. Be prepared for a difficult--but not impossible--fight.
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