Getting custody of my Sons

[equinox654]

Jurisdiction

Texas

Here is the back story.

I have two sons. They are 12 an 9 years old. I was married to their mother 8 years we have been divorced for 5.

Currently both of my sons live with me. My oldest has lived with me since school let out last may. The youngest came at the end of Christmas break.

Their mother hasn't worked in months and has lost her car and the house she was renting. She now lives with her parents with her 2 year old a town over.

Right now she lives off my child support of approx. $700 a month
The father of her 2 year old assaulted her and my youngest son. He was convicted and is currently on 10 years probation. They are not together anymore.

My youngest son is on his 3rd school this year since she moved to her sisters before she left him with me and moved to her parents. He is having emotional outbursts in school now and is not acting like him self.

What I want to do is get custodial custody of my boys and get the child support shut off.
Though I fear if I take any action she will just come pick both of them up and throw them back into chaos to protect her paycheck.

What do you think my odds are of successfully gaining custody of my children?

 

[army judge]

Here is the back story.

I have two sons. They are 12 an 9 years old. I was married to their mother 8 years we have been divorced for 5.

Currently both of my sons live with me. My oldest has lived with me since school let out last may. The youngest came at the end of Christmas break.

Their mother hasn't worked in months and has lost her car and the house she was renting. She now lives with her parents with her 2 year old a town over.

Right now she lives off my child support of approx. $700 a month
The father of her 2 year old assaulted her and my youngest son. He was convicted and is currently on 10 years probation. They are not together anymore.

My youngest son is on his 3rd school this year since she moved to her sisters before she left him with me and moved to her parents. He is having emotional outbursts in school now and is not acting like him self.

What I want to do is get custodial custody of my boys and get the child support shut off.
Though I fear if I take any action she will just come pick both of them up and throw them back into chaos to protect her paycheck.

What do you think my odds are of successfully gaining custody of my children?

You can quickly obtain emergency custody, the court will temporarily suspend the child support requirement, develop a parenting plan for the mother, and look at LONG term options.

Make an appointment with a family law attorney, ask about emergency custody through the court.

The attorney will make it happen, and hopefully the mother can get the intervention and help she needs.

Best of luck.

 

[Disabled Vet]

This isn't a time to worry about the cost of a good lawyer. Its about getting your boys the help they need. If they have been with you all this time there is a very good chance they will continue with you. A good lawyer will give you the best route.

 

[txls]

I don't play the odds very often, but as things stand right now she can come get them anytime.
Will she/ won't she? Nobody knows. Get a lawyer, go to court and do your best to protect those children.

 

[zddoodah]

I assume -- although you did not clearly say -- that the mother is the custodial parent and that you failed to take action to change that after the kids moved in with you.

What do you think my odds are of successfully gaining custody of my children?

Odds? If you want odds, go to Vegas. If you want a reliable assessment of your likelihood of success, consult with a local family law attorney. Given that the facts you have presented are completely one-sided, the only possible conclusion anyone could reach based on those facts is that you'll prevail, but courts don't make decisions based on one-sided sets of facts.