Chances of winning custody as a father in Texas if mom violates court order

[RayRN]

I know in most custody cases the mother gets the child, but I just want to try for my son and see if I can have him back in my life even if my chances are slim. He's currently miles away from me and everyday it just gets harder without him. I'm sorry this had to be very long, but I would appreciate any feedback or advice on my current situation...

My 2 year old son's mom relocated with her parents to California disregarding the fact that there is a court order she agreed and signed in Texas with a geographic restriction that states my son must reside within Harris County city limits (a county in Houston, TX). We are both in our early 20s, she is unemployed and is living off her parents in California, while I'm here in Texas working as a nurse. I would be able to provide a more stable and comfortable life for my son. I found an attorney who is charging a retainer of $2500 who will help me with the case. Basically she said she will file for contempt against my son's mom (since my son's mom violated the court order) and help me file for custody, while proposing a family plan on how I plan to take care of my son. As a father in Texas, what are my chances of winning custody? And does anyone have any other suggestions on what I else I can do? Thanks for your time, and happy new year.

 

[Duranie]

Since mom violated the court order, file for custody. I think chances are good that you'll get it but you will get nothing if you do not take her to court. What do you have to lose? nothing. Mom now is going to have to hire an attorney. She could be forced to move back with the child. you have EVERY right to a relationship with the child. Mom should not have moved with the child and she knew she was violating the court order. I say go for it. Your son is worth it. If by some chance....the courts allow her to stay in CA, I would ask that mom provide transportation costs to visits and iron out a set visitation schedule. Also, you might want to see about mom paying your attorney fees. Ask your attorney. Since she is in contempt, there is a small chance she will be forced to pay for your attorney. This will send a message that you mean business and she cannot violate court orders.

What other extended family is in your area? Keep records of how involved you have been with the child up until now.

Good luck