I live in Tx and have joint custody of my son. My ex is the primary caregiver on paper. We have been divorced for 5 yrs now... I have paid CS from day one. 2 yrs after the div, she was arrested for felony injury to a child, but the county let her keep our son. After me fighting for over a yr with CPS and the DA office, she finally said if you want him, come get him. He has been living with me for 16 months now. She returns my CS check each month and she sees him every other weekend. My question is, who now has custody over him? He has been with me steady for those 16 months. The reason I have not taken her to court, is that I don't want to rock the boat so to speak. But if push comes to shove, I would like to know what leg I have to stand on. I was told by several people that since he has been with me for more than 6 months, she has abandoned her primary caregiver rights.

Thanks

Whichever Court Order was filed last determines who has legal custody and what all of the other arrangements are - including visitation and support.

If you want to change a Court Order you must get a replacement Court Order - you cannot change the terms yourself.

If she is returning your child support checks uncashed she can at some future time sue you for all of the child support.

You have to go to Court and get this straightened out.