My wife wants sole custody so i cant see my child without visistation. If i dont sign the papers will the divorce go through?

Asked over 3 years ago - Killeen, TX

There are no reasons why I should not see my child. Our marriage did not work, nothing to do with the child.

Attorney answers (2)

  1. Christopher Jay Harding

    Contributor Level 15

    Answered . If you do not file an answer or sign anything, she will be able to get a default divorce, probably with the language she wants.

    You should at least file an answer, which forces there to be a presentation of the evidence (trial). You need to appear for the trial and argue for yourself, or better yet, hire an attorney to represent you.

    Eventually, the divorce WILL go through. The question is simply on what terms (child custody, visitation and property).

    You should consult with a lawyer, many offer free initial consultations, to see what your options are. Good luck.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  2. Michael David Wysocki

    Pro

    Contributor Level 8

    Answered . First, in Texas it is presumed that it is in the best interest of the child that the parents be named "joint-managing conservators" and that the non-primary parent have visitation in accordance with a "statndard possession order." You can refer to Texas Family Code sections 153.131 and 153.252 for these presumptions. If you would like to know more about the standard possession order, just google "Texas Standard Possession Order" and you will find several articles.

    Because of these presumptions it would be your wife's burden to prove that these things would not be in the child's best interest. To do so, she would need to present evidence to the Court on why you are not fit to be a joint-managing conservator and why a standard possesion schedule would not be appropriate.

    Second, in order to prevent an order from being enterred without your consent, you need to be sure that you have filed and "Answer" with the Court and that the Court has all of your contact information. You will need to be sure that you show up at all hearings of which you have notice. Do not miss a hearing. Be careful not to sign any "Waivers" which may waive your right to be notified of hearings.

    Lastly, I would contact an attorney to make sure that your rights are fully protected. As a father, nothing is more important than my child and my rights to raise my child.

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