I have had standard custody of our 8 yr old daughter for 3 years now that my ex was served with papers for Child Support increase he has requested joint (50/50) custody. He has rarely been in her life and she has a hard time staying with him if it is longer than 2 days she will have a meltdown when she is told it has to be longer( holidays). This is not in her better interests she has a very stable home life and does well in school and her grandparents are a constant in her life. If this changes it will be detrimental to her and as I said not in her better interest. What can I or should I do?
You should hire a lawyer to help you with the counter-petition. They should be able to help you show how the requested possession schedule would not be in your daughter's best interest.
Best of luck.
If you are content with the current schedule you do not have to do anything. However, I get the impression you think he should have less visitation rather than more. You need to consult with a local attorney to discuss your options based on your situation. It sounds like you may need to file your own modification and ask that the visitation be adjusted. The courts are reluctant to reduce visitation absent some really bad facts (drug use, violence, etc.), but if he has demonstrated a history over the last 3 years of being inconsistent with visitation, then you may have a shot. I would also consider having your child see a counselor. If the counselor believes it is emotionally harmful for the child to see the other parent so much, that can help convince the judge to make some changes. Either way, you need to consult with an attorney.
Hire an attorney. Look on this website and find one that you like.
Be advised that generally he can request an Expanded Possession Order and see the child approx. 48% of the time. It is his election and most courts will order it in Harris County.
If the child is having stress, then the child and both parents need to be in counseling to resolve this issue. It is unfair for the child to be in a stressful situation. The child needs assistance learning how to adjust. The parents need to work together to co-parent. He might not have been involved but now that he is showing an interest, the judges encourage it. Of course if you think he will lose interest, then do temporary orders for many months to see if his interest continues.
You might consider mediation after retaining an attorney.
Gina Louise GilstrapFamily Law AttorneyHouston, TX ·
This is a tactic that is used very often by non custodial parents who don't want to pay child support or don't want to pay more child support.
It doesn't usually work if you have an attorney on your side who knows how to present the case to the judge.
Call an attorney and good luck.
By standard custody, I suppose that you mean that you have primary custody of the child. Seek an attorney to file an answer to EX's Motion to Modify. Once you establish the best interest of the child, I am certain that the Court will continue to allow you to have primary custody. Child support is based upon a statutory guideline. If his income has increased to a higher level, the Court will grant you the increase.
Hire/consult a local attorney to deal with this matter. If you have already hired an attorney (served him with child support increase) then consult that attorney about this matter.
