My question involves a child custody case from the State of: Texas
I was granted a divorce in Sept 2013 well before my youngest child was diagnosed as being on the Autism spectrum. I have another child by the same man who we already knew was autistic. After many months of working through a program based on my income alone to get pretty much free assistance we were told that his turning 3 ends their program. They informed of us of another assistance program that is provided through my school district (I am the one living in the area and pay taxes for this school district) that would be given Monday through Friday. My ex-husband and I both agreed that this would be great since we couldn't afford regular speech and social therapists on our own.
My issue is this: according to our divorce decree my ex-husband is to have custody of our youngest during the week days while I'm at work until "school age" and then after that I would be responsible for him on Thursdays and Fridays. He will be turning 3 on January 20th and shortly after that he would be enrolled into this program. The fact that we have to enroll him into the school has lead my ex-husband to believe that this means he's a student and our son is no longer his responsibility. In the state of Texas it has been shown that any child over the age of 5 is required to be enrolled in some form of schooling. After my showing concern of his trying to find a loop hole, my ex-husband contacted his lawyer (I can't afford one). His lawyer stated our divorce "may not address this precise scenario". I interpret that as a "no" and he's not exempt from his responsibilities but I am not a lawyer nor do I try to fudge anything with my divorce.
Let this be known that this isn't the first time my ex-husband has tried to weasel out of his possession schedule with our children. He has also stated many a times that he is not concerned about my ability to pay my bills or keep my job. I have limited income as I am living in the home we purchased together and not only have joint custody of our two children but I have another teenaged son from a previous marriage. I have been able to sign up for assistance with daycare for my middle child through a Texas program but the wording in our divorce is what they go by. I know that if I try to get funding for my youngest I would be immediately denied as it states my ex-husband has custody until "school age".
Please let me know what your opinion of this matter is. I am desperate and I don't want to lose out on such a wonderful program for my youngest. I just can't see jeopardizing my ability to pay for my house, food for my children and bills when my ex-husband and his wife are able to afford day care expenses which they have been doing all along.
I was granted a divorce in Sept 2013 well before my youngest child was diagnosed as being on the Autism spectrum. I have another child by the same man who we already knew was autistic. After many months of working through a program based on my income alone to get pretty much free assistance we were told that his turning 3 ends their program. They informed of us of another assistance program that is provided through my school district (I am the one living in the area and pay taxes for this school district) that would be given Monday through Friday. My ex-husband and I both agreed that this would be great since we couldn't afford regular speech and social therapists on our own.
My issue is this: according to our divorce decree my ex-husband is to have custody of our youngest during the week days while I'm at work until "school age" and then after that I would be responsible for him on Thursdays and Fridays. He will be turning 3 on January 20th and shortly after that he would be enrolled into this program. The fact that we have to enroll him into the school has lead my ex-husband to believe that this means he's a student and our son is no longer his responsibility. In the state of Texas it has been shown that any child over the age of 5 is required to be enrolled in some form of schooling. After my showing concern of his trying to find a loop hole, my ex-husband contacted his lawyer (I can't afford one). His lawyer stated our divorce "may not address this precise scenario". I interpret that as a "no" and he's not exempt from his responsibilities but I am not a lawyer nor do I try to fudge anything with my divorce.
Let this be known that this isn't the first time my ex-husband has tried to weasel out of his possession schedule with our children. He has also stated many a times that he is not concerned about my ability to pay my bills or keep my job. I have limited income as I am living in the home we purchased together and not only have joint custody of our two children but I have another teenaged son from a previous marriage. I have been able to sign up for assistance with daycare for my middle child through a Texas program but the wording in our divorce is what they go by. I know that if I try to get funding for my youngest I would be immediately denied as it states my ex-husband has custody until "school age".
Please let me know what your opinion of this matter is. I am desperate and I don't want to lose out on such a wonderful program for my youngest. I just can't see jeopardizing my ability to pay for my house, food for my children and bills when my ex-husband and his wife are able to afford day care expenses which they have been doing all along.
Establishing an Order: What's the Definition of "School Age" in a Custody Order
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