custody advice

[trjones87]

my ex and I had a arrangement outside of the decree that afforded me more time with my daughter than what is 'standard'. Wasnt half, but better than the crappy schedule guys usually get stuck with. PS, I was the guy that took the "be jesus" route in my divorce and regret it.
Flash forward a couple years. Surprise, surprise, mama is going back on her word and is trying to stick me with the standard custody now. Ive got our text conversation where she clearly states we have an arrangement outside of the decree. Let me quote me ex real quick "my dad is going to get me the best lawyer and we are going to screw you in court". (Shes still single guys)
Im ok with the idea of bleeding my assets to go back to court but do I have a chance?

[dustinztx]

Unfortunately, most judges will go off the divorce decree. You can get a lawyer and go back to court but once again it will be what is agreed upon by all parties.

[trjones87]

Unfortunately, most judges will go off the divorce decree. You can get a lawyer and go back to court but once again it will be what is agreed upon by all parties.

I was hoping our documented (via text) arrangement would have more of a pull. she got me good

[txdrhntr]

I have been down this road and what is in the decree is what the judge will most likely look at. Does not hurt to try but may be a waste of your money unless your daughter is old enough to say she wants to live with you. Not sure what the judicial system is like there but up here they seem to always favor the mom side.

[trjones87]

I have been down this road and what is in the decree is what the judge will most likely look at. Does not hurt to try but may be a waste of your money unless your daughter is old enough to say she wants to live with you. Not sure what the judicial system is like there but up here they seem to always favor the mom side.

shes old enough to call her mom a liar but not old enough for that yet :/

[BrandonA]

Yep it all goes back to what is said in the Decree most likely. The judge may change it but odds are against it.

[kurt68]

Sorry, but decree is final word. You will have to take her back to court to change it.

[curtintex]

I don't agree with most of the posters. If she's willingly deviated from the decree and set a precedent for new visitation, then it's worth pursuing. And remember that she didn't "allow" you more time with your daughter, she "abandoned" time with her daughter and you took the opportunity to spend that additional time with your girl. I have been there and I was successful with almost the exact same circumstances.

[curtintex]

Sorry, but decree is final word. You will have to take her back to court to change it.

Well, of course this. The decree will have to be amended, but it's worth the trouble.

[DFWPI]

Hey, before I would take anybody's advice, and I mean anybody's advice, on such an important matter, I would ask to see their law degree. A lot of people may have "first hand experience" in matters such as yours, BUT, I would not follow any of it. Only person you can truly work with is that person with his Shingle hung on the wall, and standing next to you on this matter.

[DFWPI]

Ellis County

I have been down this road and what is in the decree is what the judge will most likely look at. Does not hurt to try but may be a waste of your money unless your daughter is old enough to say she wants to live with you. Not sure what the judicial system is like there but up here they seem to always favor the mom side.

Get in a pickle again down there, let me know. I know some dang good attorneys down there....

[Lawhunter]

Family law attorney here. Please consult with your attorney about your circumstances. He knows your case and will be able to tell you what kind of weight this new found evidence will have on the case.

[Softballdad]

ask the advice of a good lawyer you trust. Make sure they practice in the court this will be in. They will know the judges best and tell you what your can expect. I feel for you brother, I spent over 100K fighting my ex. she kept taking me back over and over again. Was trying to take my right away all together. In the end my Daughter lives with me, so I find it to be money well spent.

[RWB]

Hey, before I would take anybody's advice, and I mean anybody's advice, on such an important matter, I would ask to see their law degree. A lot of people may have "first hand experience" in matters such as yours, BUT, I would not follow any of it. Only person you can truly work with is that person with his Shingle hung on the wall, and standing next to you on this matter.

Please don't take offense but in my real experience that shingle doesn't much on advice. Amazing how much their advance changes once you write that retainer.

[JLivi1224]

Unfortunately, most judges will go off the divorce decree. You can get a lawyer and go back to court but once again it will be what is agreed upon by all parties.

Not necessarily true. A lot of time has passed and more often than not fathers are granted extended standard custody if they are reliable, and can prove they’ve always taken their time. And in your case you guys have been more equal split time which means a lot too. You are correct though, if visiting the custody side of it, the money will be brought into that too. They won’t review just one or the other.

Extended std custody breaks down to approx 55% to 45% custody.