ugggh! need advice

[divorcedtxdad]

Ok so my court orders state that I was ordered the extended standard < parenting time > schedule. So every thursday and 1,3,and 5th week. We have never followed that. Daughter lives with me 5+ days per week and I have my sons every week for at least 3 days/overnights sometimes 4 days/overnight. She is going to take that < parenting time > away and wants to enforce the original schedule on the decree. I have documented every day that I have had my kids and it comes out to be that I have my two boys at least 55% of the time and my daughter 90% of the time.

[RC211V]

Seems like you need to get a lawyer and modify custody with the status quo you've got as your change of circumstance.

[divorcedtxdad]

so I talked with a lawyer today and was told that nothing can be done until 6 mts after the divorce is final. No changing cs or custody until 6 mts after final divorce. Is that right?

[RC211V]

As far as I know, every state is different. Seems like I read in a thread somewhere on here that 36 months is the minimum after a final judgment, in some state.

[jamessick]

I believe that is correct for Texas. Also, with your D being as old as she is, she will have a say with the court in where she wants to live. Texas courts will weigh her remarks if she cares to make some. Texas also is not keen on splitting sibs, so your daughter may be a leverage point with the court.

[massdaddio]

Your daughter is 15. All she has to say is no, she's not going to her mom's and that's it. You can't physically drag her to the car. Why doesn't she want to spend more time with her mom? It sounds like you should have 50/50 schedule. Can you get the kids to a counselor who will listen to their feelings, then the counselor can talk to your ex?