Can I get cudtody of my son if my ex-wife is in contempt of court and is allowing someone else to take care of my son?

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Can I get cudtody of my son if my ex-wife is in contempt of court and is allowing someone else to take care of my son?

My ex-wife is going to Job Corps. She has been letting a woman take care of my son for almost 3 years now. He calls this woman “mamma” and her husband is “dada”. They buy him outside toys he’s on their health insurance and rarely sees my ex-wife. It seems she’s rarely around. She and the woman taking care of my child will not inform me of his doctors and will not let me pick my son up when it’s my weekend. The woman e-mails me updates but I rarely get a e-mail from my ex about anything. The woman taking care of my child is running the show.

Asked on October 17, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so this has really gone on long enough.  I am assuming that you have a child custody agreement in place from the divorce, correct? And I am assuming that you have some rights listed therein besides visitation, correct?  Then you need to get an attorney as soon as you can - like yesterday - and bring an emergency motion for temporary custody and to modify the order to give you physical custody of your son. How can these people legally have him on their health insurance?   That is making me very nervous.  They are either committing insurance fraud or your ex did something adverse to your parental rights  Please get help now.  Good luck.


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