Skip to main content

What legal action can I take if my ex husband is negligent in his care of our children?

Channelview, TX |

Before our divorce, my ex husband had never been the one to take care of our children. Several months ago when he had them for visitation, he let them stay the night with a woman (not girlfriend) he had just met two or three weeks earlier and he was not present. He would call me, asking me what to feed them because he didn't know what they eat. Frequently, when they go with him, they come in the same clothes they had left in. Their bags are packed exactly as I had packed them. He doesn't make them brush their teeth or bathe. Now he moved a woman in with him that he just met. They knew each other less than a month when she moved in with him.
Now this woman is making it increasingly difficult for me to speak with my ex. She answers his cell phone and keeps me from speaking to him

Attorney Answers 4


  1. You may file a complaint for contempt or a like kind action in your state or a modification type action if you would like to alter the parenting plan, please work with a local TX attny and he or she will help you, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. Document, document, document.

    You need witnesses that are willing to come to court to testify to what you are seeing. You need evidence of everything.

    I recommend that you meet in person with an experienced family law attorney and begin discussing how you are going to begin building a case to take him back to court to modify the current court order. The burden is on you to prove that the current court order is not working.

    Just because the kids aren't brushing their teeth and not bathing each day is not a life threatening situation Believe it or not, many people don't do this on a daily basis. You are going to need more than this to get a judge to intervene and modify the current court order. They might stink and be nasty, but so far you don't have grounds to modify the current court order, in my humble opinion. You are going to need something much "stronger" to get a judge to take notice.

    Quite frankly, these cases take many months to develop, so keep a dairy of what is going on.

    Good luck.

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.


  3. The short answer: take him to court. The long answer: you should hire an attorney in your area to help you, then you can file a motion for the Court to find your ex in contempt or file a motion to modify the current visitation order and ask for supervised visitation or no visitation at all. It is in your best interest to hire an attorney and make sure your kids are taken care of when they are not in your possession.


  4. If you believe that your ex is negligent in the care of your children then you must take necessary action quickly, you cannot condone his actions. It is very important for you to have evidence, witnesses willing to testify as to this behavior, and/or your own personal first-hand knowledge. Depending on what your final divorce orders state, you can file a motion to enforce and a motion to modify his access and possession of the children. Your question and related facts raise serious questions as to the children's physical health and emotional development and I would recommend consulting with an attorney as soon as possible.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics