I’m the non custodial parent, I see my son every other weekend, I pay medical and child support every month. At the time we got the child support case done I didn’t have my daughter, but was pregnant with her, and he (sons father) wasn’t in the army. He’s been in the army for about a year now, and he has custody of my son but my son isn’t living with him. he’s currently stationed in El Paso right now he’s been living there for a while now and left my son with his parents. Is there any way I can get custody of my son? Or at least modify the custody case so I can see my son more than I do? His dad doesn’t even come down to visit him and I also forgot to mention, the money I pay in child support doesn’t get spent on my son. My son has no clothes and always comes over in dirty ripped clothes, doesn’t have his own room or anything. My sons dad keeps the money and doesn’t send it to his parents to buy my son things he needs. Help please!
You would need to file a suit affecting the parent-child relationship to modify possession and visitation. Whether you can succeed depends on many factors that you need to discuss with a family law attorney.
You should meet with a Family Law Attorney ASAP, to discuss filing a modification. The longer you leave the child with the grandparents without filing, the worse for you. After six months of his living with them, they gain standing to sue for custody themselves.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
It appears you may have a case to be the primary custodial parent, but there are many more factors to consider. One of the first factors to consider would be the language of your current court order. You would need to consult with an attorney and have them review your current court order to better assess the case. Some law firms, including ours, provide email/phone consults for your convenience in case you can’t take time off work for an in-office consult.
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