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Asked 2/12/2009

How many times can you reschedule a custody hearing?

To whom it may concern:

My name is Lucie and I currently have a friend who has been put in a really tough situation. Her husband, about a year and a half ago, walked out on her and their two little girls, leaving them with nothing and moved to Texas. He was refusing to pay any child support and made it appoint to continuously harass her; at one point he actually hired someone to follow her. she, on numerous occassions, tried to reason with him; even allowing the girls to visit him in Texas. A couple of months ago she made her way down to child support services and filed for child support. this of course did not sit well with him and on the girl's last visit, around christmas time, he decided that he was not returning the girls and went to the court in texas and filed for an emergency child custody hearing as well as a restraining order against her.
On the intial hearing date, my friend flew out to Texas, only to learn that he had called the night before to reschedule the hearing date. She does not have alot of money and has been working extra hours and saving every penny to fly back out there in March. My fear is that when she does, he will pull the same thing and I know for a fact she won't be able to handle it on her own. What can she do?

 
 
 
 
 
Answers

Answer 1/2 - Submitted 4/30/2010

What can I do if my ex keeps rescheduling court appearance for child support?

 
 

Answer 2/2 - Submitted 4/30/2010

Well th father cannot keep rescheding the appointments, the jude will refuse to set a hearing date if this continues, the first mistake your friend made was to let the children to go outof state with the father, it is to bad she never consulted with a lawyer prior to allowing the father to have the children for any out of state visits, now she is in a bad situation exspecialy if she cannot afford a lawyer, she cannot consult with legal aide because she is not a resident of Texas and they do not handle out of state child custodys. Your freind will need a lawyer if she has any hpoes to get her child(ren) back. As for child support if there is a child support order enforce though the courts then the child support services can enforce that order, until the court grants the father custdy he has to pay the child support, child support and joint custody and or viitation are two different issue's and one cannot be used against the other. I will asume the parents are still married and there has never been a custody order granted to either parent, your friend should of file for divorce when he walked out or at least filed for custody, until the courts make a decition on custody neither parent has custody. Your friend may have to go to Texas and stay awhile until she can get custody, just because he files does not mean that he will get the custody, if she does not go to Texas and fight for the chil(ren) then he will end up with the children. She needs to contact a low cost lawyer in Texas.

 
 
 
 
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