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Custody suit in progress

Fort Worth, TX |

I have had joint conservatorship of my nephew for over three years along with his bio mom and dad. It is my sister's son. I am the conservator with rights to establish residency. His bio father filed for custody a year ago. We have had a social study, which went in my favor. My nephew has his an ad litem, and although he has not officially ruled in our favor with his recommendation, my lawyer said that he was in our favor. Here are my questions....

His dad's visitation order says that he can pick him up after school every other Friday, but I have found out that he is picking him up early.... once to take him to a dental appointment behind my back. Other times, the sign out log simply states "Dad" under the reason for signing the child out of school. Is this allowed? I have a huge problem with him not communicating regarding appointments and picking him up just because he got to town early and doesn't want to wait for school to end. Also, when we go to court, is it possible that I can recoup some of the legal costs? One of his big arguments during the social study stated that he has more financial opportunity for the child.... since he admits that, does that not open the door for more child support to be awarded as well as legal fees?

Attorney Answers 2


You need to talk with your lawyer regarding these issues. You can ask the court to intervene and order the Dad not to exercise his visitation when he is not allowed to under the order; he is in effect vilating the court's order and can be held in contempt for violating the order.

as for legal costs, your lawyer should always ask for them to be reimbursed. Is goes with the old addage that "it never hurts to ask." Depending on where you are, they may not be granted often, but they are never granted if you don't ask.

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The dad needs to sign a HIPAA release so you can talk to the dentist.

I would definately make sure the amicus knows about dad taking the child out of school early.

If the dad is making more money, then he needs to pay more child support.

Since you have an attorney, you need to be talking to your attorney and not asking for advice on the internet. You might omit ONE fact that could make a huge difference in the answers you receive.

Please talk to your attorney and trust his/her advice.

If you are not comfortable with your current attorney, then hire one that you have confidence and trust in!

Good luck!

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