My wife was suppose to move to WA a month ago and suddenly filed for a divorce. She has restricted my contact with my daughter who is six years old. I will call and she will only answer sometimes. I suspect that she has a new boyfriend and has sub...
You definitely need to move forward with the temporary orders hearing to get orders in place. A fight for primary custody is difficult and expensive, but the likelihood of success cannot be even guessed at with the limited information I have here - you need to talk to your current attorney about that or have a consult with another.
Once a case is filed and paperwork served, Dallas County requires children to stay in Texas unless there is an agreement otherwise, so she would be violating the standing orders should she go to WA.
Also, there is passport language available to deal with the abduction issue, and you can get specific orders disallowing international travel if needed.See question
My ex wife and I have joint custody of our 8 year old daughter. She is the primary resident and our orders state 50/50 physical custody. For the last 3 years I have been the primary caregiver and have had physical custody 4 out of the 5 weekdays...
Yes - and you should. You are bearing the majority of the financial burden and she should be helping, either informally, or better yet, by Court-ordered Child Support.See question
Hi I got separated from my husband a yr ago. I left the house, I was the one that left because he cheated on me... We have kids and he is not paying child support. I have try to go back to my house many times but he just keeps kicking me out and c...
For the child support, contact the Office of the Attorney General. The link is below. They move more slowly than a private attorney, but they are free. Please note that as soon as you try to get child support orders in place, he will likely start to fight for custody. At that point, you really need an attorney. The OAG does not do conservatorship, only child support.
I don't have enough information to answer anything about the house. If it is leased, and you have your name on the lease, you can have access. You may have to go to the leasing office or manager, or even the cops, but you will get access, if only until he changes the locks again. Get your stuff, get your kid's stuff, and go ahead and get out.
If it is a home you own with him, almost the same as above, except you also need to get it sold through a divorce process. A lease runs out, so eventually the situation cures itself. If you own it, you need to clean it up by getting your name off the property records. Depending on how much equity is in the house, there are a couple of options I won't go into here - too involved.
More likely, at this point your name is not on the lease, at which point you cannot enter the home without his permission. You would need to file for divorce and take care of the property issue through the case, or perhaps file theft/conversion of property charges, which may or may not work. The State normally will not prosecute these types of situations, and refer you to family court.
As for a good attorney with low fees, those do not always go together. Why don't you try the Dallas Bar Associations referral program? I know you say you cannot get legal aid, but this is a slightly different program. Link below.See question
Spouse was given 6000.00 cash 120 days ago for what I now beleive to be false pretenses
There is simply not enough information here to answer - why would you give your spouse $6,000.00?See question
We have a current order that if my ex-husband test positive to any drugs he will go back to supervised visitation...Well he did test positive for anphetamines 100%...However since the results have come back positive he has presented a script that ...
If there is not a concern regarding his current behavior or current drug use - you really have to weigh the realities of what may occur and if it is worth it. It probably is not worth the time, money or energy to attempt to force supervision.
Technically and legally, you win if that is all the order states. He tested positive, he goes back to supervised visitation.
In reality, if you try to force that issue, he is going to attempt to modify or clarify the decree, and, based on the limited facts you presented, win. It is okay for him to be on prescription medication and test positive for that drug at a level that makes sense with that prescription.
Now, if you actually have a fear of drug use and have any proof of dangerous behavior, you need to protect your children. But based on the limited facts above, that does not seem to be the case.See question
In divorce since 4-25-11, including a family business both decades old. Buss opps out of the home, I was given both at first hearing. STBX is un-dignosed, high functioning BPD. 1st hearing I was told we would be 5 to 10 min in front of the judge....
You need an attorney well versed in family law and in corporate/business law. Many attorneys give a free initial consult.
Estoppel is probably not a good route, but sit down with an attorney to discuss the case, the facts and come up with a decent strategy. It sounds like a mess. And you are not doing yourself any favors going it alone it appears.
The other side of this is, at some point, it may be a situation where the best move is to just toss in the towel. Without seeing all the facts, it is difficult to know.See question
She is not allowing me to see my children. She has removed one of my kids from her school without my consent. She is not a fit mother, she abuses prescription medication and illegal drugs. How can I get temporary custody before the divorce is fina...
You must get orders in place regarding the kids. Right now, if there are no orders, neither party has a superior right to the children. That means either one of you could withhold the kids, pick the kids up from school, without real consequence. The temporary orders referenced in the other answers give the rules for exchanges and possession.
If you truly believe the kids are in imminent danger, you need to file an ex-parte motion and get an ex-parte order. This is only good for 14 days, and you will have a follow-up hearing where the Judge will determine what will happen during the rest of the case. Child custody cases are not easy, and for the temporary orders hearing, you have a very limited amount of time to present the case. You really need to consult with an attorney before doing that, and having an attorney will make it much, much more likely to succeed.See question
My income is very low. I have to children and I want to keep custody.
You can file for divorce without a lawyer, but you should at least consult with one first to make sure that is what you want to do.
If you decide to file by yourself, you will need to go to the clerk's office and law library (same building) to pick up the right forms. You need (1) an Original Petition for Divorce, (2) Affidavit of Indigency, (3) Standing Orders (to attached to Petition), and (4) Civil Cover Information Sheet.
There are specific requirements to get the case started and make sure it goes through. For example, you need to properly serve your spouse. These are things that you can ask about in the initial consultation. Many lawyers do this for free, or have websites that offer help. Good luck.See question
4 years ago i was giving all 5 grandchildren i could not provide for them so my niece and her husband took 3 back to Louisiana before they left Texas their mother signed them over to my niece 1 yr before my daughter was released one of her childre...
If you don't have court orders in place, you need to file immediately get and a temporary orders hearing set. At the hearing, you can explain the situation to the Judge, who will most likely put orders in place to keep the kids situation 'as is' until an investigation is done.
Call an attorney and set up a consultation. Most do free initial consults. You need to find someone that you trust to do a good job. This isn't an easy case since parents get a presumption to be the best person for the child. You can overcome it, but need to make sure it is done the first time.See question
i am going to court for child custody and the uncle and aunt are keeping the children from each other i have one and they have one ...i had both sisters but we are on temp order and they feel that don't have to let them visit ,,the alleged father...
You are going to have to make sure you have all the right filings in place to make sure you get anything you want. You don't plead it, you don't get it. So sit down with an attorney. There is no situation in a custody case where the parents, if not in full agreement, shouldn't have attorneys. It's just too complicated.See question