We lived together for about 2 years in Colorado. He quit his job in February 2018 and didn't help me financially with the kids, i was pressing him to get a job, and he wouldn't. I have always worked full time. In July he finally moved out and went to Texas to live with his sister and is still unemployed. He got an attorney now and served me wanting full parental rights and child support. His angle is that he has more flexibility and doesn't need to work because his family is supporting him. I have had the kids in daycare for about 2 months. I work full time and we have a smooth monday-friday schedule. We have no background of domestic violence or drug abuse.
What a court will do is a question for the Court. However, the Court will be looking at what is in the best interest of the child. In order to do this the Court will examine almost any information to include but not be limited to the relationship each party has with the child and the ability of each party to put the needs of the child before their own, and the continuity of the child's current schedule. The fact that the father is more flexible with his schedule is not necessarily the deciding factor. Getting a consultation with an attorney to better understand this process may be worthwhile.
It's possible but doubtful. You are not going to work this out without the assistance of an attorney. That he is not paying child support against him. Did he file in Texas? Probably the wrong jurisdiction if the kids live in Colorado and always have. See an attorney and don't respond to a Texas lawsuit until you do. Do it tomorrow.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
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