My ex husband is threatening taking away my children permanently due to me being "unfit". He has a criminal record, where I do not, but he also has a fortune thanks to his father who gives him money and a house and everything he asks for, I'm poor, we live off food stamps and child support. I'm currently in college full time and stay home with my children (living with my parents). My children are taken care of at great cost to us but he insists he will win them due to our neighborhood and our lack of money and insists I should give them up without a fight. I raised them since day one when he disappeared during my pregnancy with our second child. They are now 8 and 9 and tell me horror stories of staying with their father. I let him take custody for one year due to me losing a baby with my fiancé, and my best friend from kinder in a two month period. I felt it best at the time but now I just want them home with me. They want this as well. Should I worry or should I ignore the threats? I know Texas it is hard to loose custody if you're the mother and are clean (no drugs, alcohol, or criminal record) and I also know that courts don't want to hear he said she said they want facts, which we have facts but his case is based mostly on oh you did this and you did that and blah blah blah, nothing concrete or of value, just lies which he is great at. Please help!

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Originally Posted by Tetsuki

My ex husband is threatening taking away my children permanently due to me being "unfit". He has a criminal record, where I do not, but he also has a fortune thanks to his father who gives him money and a house and everything he asks for, I'm poor, we live off food stamps and child support. I'm currently in college full time and stay home with my children (living with my parents). My children are taken care of at great cost to us but he insists he will win them due to our neighborhood and our lack of money and insists I should give them up without a fight. I raised them since day one when he disappeared during my pregnancy with our second child. They are now 8 and 9 and tell me horror stories of staying with their father. I let him take custody for one year due to me loosing a baby with my fiancé, and my best friend from kinder in a two month period. I felt it best at the time but now I just want them home with me. They want this as well. Should I worry or should I ignore the threats? I know Texas it is hard to loose custody if your the mother and are clean (no drugs, alcohol, or criminal record) and I also know that courts don't want to hear he said she said they want facts, which we have facts but his case is based mostly on oh you did this and you did that and blah blah blah, nothing concrete or of value, just lies which he is great at. Please help!

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I'm confused - he currently has custody? You are trying to get custody back? He has temporary custody and wants to make it permanent custody?

Why are you struggling to raise the children if he's wealthy? Don't you get child support?

What EXACTLY is going on in Court?

You and your children and your fiancé live with your parents?

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he insists he will win them due to our neighborhood and our lack of money and insists I should give them up without a fight.

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Of course he insists you should give them up without a fight. Because he knows he will lose in a fight. Don't worry. If he does take this to court, get yourself an attorney. Don't worry about the costs, because your attorney should be able to have him pay the fees since he is bringing a frivolous action.

And what about child support?

Well in response, I gave him temporary custody for school sake, he has plenty of money, but his father keeps it in his name, they own a cattle ranch and several oil wells as well as a second ranch which is rented out to hunters. His father knows how to get around the rules, so I only collect 300/mo. The minimum mind you I can collect on two children based off his "minimum wage" job. He was given custody by me until the end of this year, I did this to ensure I would be able to take them and care for them full time unassisted (I'm currently pregnant and as a high risk pregnancy am on bedrest) which at the time was fine, except now they want to use this as a way to state I'm unfit... Which I assumed I was doing this as what was best for them and also trying to be nice because my ex husbad and I were close friends for years after our divorce. He honestly I don't think has a case against me so I'm probably going to give him the option of either keeping them until the end of the year and once my primary custody returns then taking them back, or just keeping them home with me now and risk my health In order to ensure their well being, I'm just fed up with his threats and need to make sure he has no real case against me before I call around and find an attorney who will take the case

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Originally Posted by Tetsuki

Well in response, I gave him temporary custody for school sake, he has plenty of money, but his father keeps it in his name, they own a cattle ranch and several oil wells as well as a second ranch which is rented out to hunters. His father knows how to get around the rules, so I only collect 300/mo. The minimum mind you I can collect on two children based off his "minimum wage" job. He was given custody by me until the end of this year, I did this to ensure I would be able to take them and care for them full time unassisted (I'm currently pregnant and as a high risk pregnancy am on bedrest) which at the time was fine, except now they want to use this as a way to state I'm unfit... Which I assumed I was doing this as what was best for them and also trying to be nice because my ex husbad and I were close friends for years after our divorce. He honestly I don't think has a case against me so I'm probably going to give him the option of either keeping them until the end of the year and once my primary custody returns then taking them back, or just keeping them home with me now and risk my health In order to ensure their well being, I'm just fed up with his threats and need to make sure he has no real case against me before I call around and find an attorney who will take the case

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You were pregnant and lost the baby - now you're pregnant and on bedrest with a problem pregnancy. At this point how would you care for children? This is not rational - "... or just keeping them home with me now and risk my health In order to ensure their well being ..." How are ensuring their well being by keeping them home with you when you're supposed to be on bedrest?

Where is your boyfriend, the father of this baby, in all of this?

You are entitled to a percentage of HIS income, not his father's.

I am concerned - these children sound like they have little stability. You're giving him "the option?"

Sorry to be harsh but these children are pawns, pure and simple. He's a fit parent, he's not a fit parent. You're able to care for them. You're not able to care for them.