[Serendipity7832]

Sorry for how long but my question requires the understanding of the situation so far...

I live in Texas and have primary custody of my 5 year old son. We finally after battling out custody since he was 2, came to a custody agreement. He was given the right to have him for the standard visitation of every 1st, 3rd, and 5th weekends, shared holidays etc. He also set his own child support amount that I agreed to so it wouldn't be a strain for him. In addition to that I didn't have it start for 2 months after the agreement was signed so he could get financially ready. The agreement was signed on August the 8th 2011. Some background. He has not kept a job for more than about 2 months in the 8 years that I've known him, and can not keep a place to live. Has been homeless many times. He is married and has a child with his wife. He also aside from my 5 year old and the 1 year old he has a 16 year old that he has seen once since he was 2. Since August he has seen our son twice. Sept 4th, and then for a couple hours on Nov 6th. He didn't even call on his birthday in Oct, Thanksgiving, or Christmas. When he called after 2 months of not seeing him in Nov, I asked no questions because I knew my son had missed him. He dropped him off that day and I have heard nothing since. The address he put on the child support/custody papers was a motel he was living in. So I do not have a current address, phone number or anything. He has not paid one dime of any child support. In 6 months he has not updated any information with the courts or the state. I know that in addition to owing me child support that the Attorney General is seeking him to get him in court over his 16 year old. I have gotten information from the Attorney General that they have received information about him working at several jobs but by the time they find out and send the employer paperwork he no longer works there. I don't really care about finding him to get money, but it would help to have current contact addresses and such if I have to go back to court, and they say it helps them show a history of having jobs and not paying support or updating his information voluntarily with them... Although not as much as my son use to, he asks me where his dad is. He asks me why is he working to long, why isn't he coming to pick me up, after a while it got more heart breaking because he asked a couple times if he did something that mad daddy not like him, and that daddy forgot about me. I will admit I don't like my ex at all, but I don't let that stand between my son and his dad. I've just learned not to expect anything, and don't ask questions because all I will get is lies. I don't want to lie to my son, but I can't tell him the truth, and all this is doing is causing periods of bad behavior, when he starts thinking about his dad, and confidence issues. I don't want his dad dropping by once every few months if that to make himself feel better and causing emotional harm to our son. He has done nothing but show he has no interest in being a part of his life or helping to support him monetarily. So based on this information would I have a leg to stand on? I have kept a journal of when he has called, what was said, when he's picked him up, when he was scheduled to and did not call or show up.

*How long in Texas do I need to wait to bring this back to court?

*I have read that I cannot file it under abandonment, so would the proper filing be "Modification to parent child relationship with the intent to gain sole and custody of my son"? If not what would it be?

*Are these good enough reasons to the Texas courts to take his rights?

*Without the courts or I currently having any proper contact information what steps would I need to take to make this heard in court?

Any information that you could give would be appreciated.

[ScottGem]

No, you will not get his rights terminated. Generally you would have to wait a year to go for a modification. You might get his scheduled visitation stopped, so that he will have to contact you to arrange a visit with proper notice.