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can i modify custody myself in texas

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Old Jun 9th, 2008, 07:44 AM     #1
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Default can i modify custody myself in texas

Recently, my ex has become disagreeable on everything. He makes decisions to switch the children's schools without consulting me. He also declines counseling for them when I suggest it and then goes behind my back and puts them in counseling. He received a rocommendation for my eight year old to attend summer school and did not inform me. when he did not respond the school sent me a notice. He refuses to take her. We have joint managing conservatorship and equal possession time(week to week) No one was named as primary in the decree. I want primary possession of the children with the right to determine their school. Can I do this myself? Also, their father recently married and is encouraging the children to call new step-mom, "mom" and now refers to me as "mama katie" isn't this parent alienation or brainwashing? Please help I need to file to something today in order to keep her enrolled in summer school. If she misses more than 3 days they kick her out. She leaves for her dad's today!!!!
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Old Jun 9th, 2008, 05:40 PM     #2
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Default Re: can i modify custody myself in texas

Quote:
Originally Posted by kelise View Post

No one was named as primary in the decree. I want primary possession of the children with the right to determine their school.
One of you should have been named the "residential parent" for school placement purposes. If not, this seems like an awful oversight on the part of the court. Reread your court order again, carefully.

Quote:
Originally Posted by kelise View Post

Can I do this myself?
You can do anything yourself. Success, though, is not guaranteed under any circumstances. To begin with, you will need to demonstrate that their has been a significant change in circumstances affecting the children. You MAY be able to argue that his remarriage qualifies, but as long as he remains in the geographic area I do not think you chances of meeting this requirement are good.


Quote:
Originally Posted by kelise View Post

Also, their father recently married and is encouraging the children to call new step-mom, "mom" and now refers to me as "mama katie" isn't this parent alienation or brainwashing?
No, this is not parental alienation. It is simply parental annoyance. If you try to take this to court, it will become "Judge Annoyance", which would not be good for you.

What are his reasons for not wanting her to go to summer school? It seems to me here that the root of the issue is the inability of you and your ex to cooperate and communicate, and I think a judge or magistrate would see it the same way and likely chew you both out.
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