You may not be able to, but you have the right idea. File, serve her, and assert she's abandoned the marriage. You might actually get 1/2 of the assets accumulated during the time apart, which is great leverage. If you cannot find her, you can serve her by publication. If she fails to respond to the law suit, you can default her and at least obtain the divorce you are wanting.
Mr. Eaker is correct in that you would merely be formalizing the current situation. You need to make sure that it is done properly, and you probably want to go ahead and adopt the child. You could just change the conservatorship roles and insert yourselves as managing conservators, but one or the other needs to be done soon while everyone is still in agreement.
You are going to need to sue him. You can file a Motion for Enforcement or a Breach of Contract... it's going to depend on the exact language of the decree. Sit down with a family lawyer to discuss which option works best. Good luck.
It does not - unless he can prove that he has been trying but your actions have caused him to be unable to see them. You don't list anything like that in the fact pattern.
It could also be he just wants to 'beat you' and 'win' which is unfortunate but sometimes happens in family law cases. Try to reach out for the kids' sakes and establish a good co-parenting relationship.
Disclaimer: This answer is intended for informational and educational purposes only and should not be construed...
That depends on the language of the Decree. Under most decrees, child support ends at 18 and continues past 18 as long as the child is attending high school. It won't matter that she graduated early. Check your decree for your specific situation.
Disclaimer: This answer is intended for informational and educational purposes only and should not be construed as legal advice nor forming the attorney-client relationship. This attorney is licensed in TX and you should consult an attorney in...
Take your divorce decree to a family law attorney and have them go over it. Normally she would not be able to insist on a lot of that, but if the Father is allowing her to go, you may need to have the decree "clarified" so that she is not allowed to attend.
Disclaimer: This answer is intended for informational and educational purposes only and should not be construed as legal advice nor forming any attorney-client relationship.
You bring up a lot of issues... let me try to address some in an organized fashion
1) DNA Testing - You can request the Court to order him to take the DNA test through a paternity suit.
2) Her active participation in parenting - right now, this is up to the Father, really. If he chooses to listen to her, you are going to have a very complicated parenting situation with three persons, one of which is certainly adverse to you personally. If you request help from the Courts, you can force...
It sounds like the Court has ordered his possession times to take place under supervision. Normally the Court will designate someone to supervise or designate a location for that supervised visitation. If the Court has, your fiance can be in violation of a court order by failing to provide access to the children under the terms mandated by the court.
Another thought - standing orders are normally required when filing a modification case or divorce case, which normally deny removing the...
If you believe the child is being abused - call CPS.
If the husband is violating the divorce decree, you can file a motion to enforce. Depending on your overall objective, this might be the best way to put some leverage on the situation.
If you wish to be the primary conservator, the one with the right to designate the residence of the child, you would need to file a motion to modify. You will need to consult an attorney in any case, and take a copy of your divorce decree. Motions to...