Legal Question in Family Law in Texas

I need some assistance in a legal matter. I recently got divorce. The decree was signed, stamped, and filed at court on October 25, 2012. There are a few things pending and I need to know what to do:

1. Child Custody issues in a Joint Managing Conservator Parenting plan (both of us have equal rights):

- One of my sons is in Kindergarten. So far this year (1/3 of the school year has transpire) he has been tardy 10 times. That's a bit excessive. When I ask their mother to wake him up on time she insults me and tells me to screw off. What is excessive in the light of the court? What is the magic number when tardies and absents will be negligent?

- The same son is being screened (at his pediatrician request) for Aspergers (autism). His mother, my ex, has emailed me a number of times saying she will do what she can to prevent the screening from taking place. I already arrange the doctor visits and will take my son myself. Again, she seems to be acting in a manner not in the best interest of my son. What can I do if she screws the doctor's process?

- My ex is currently living with 3 other adults that have a history of drug abuse. What can I do to ensure that they are taken care of and not being exposed to this environment? Unfortunately, they are all experts in "hiding" the evidence.

2. Pending bills she hasn't paid (between $1000 to $1500). There are all under my name, so I will have to pay them. What recourse do I have to get my money back?

3. I was awarded about $2,000 of personal stuff. Unfortunately, my ex-wife has not given me my stuff. She keeps canceling on me. So far, she has cancelled 3 times (the last time is the only time I filed a police report as I had already paid movers). She has set up the pick-up times at inconvenient times, either on times I have the kids or times I'm at work. I did had to cancel once as I couldn't get a substitute teacher to cover for my duties, but I did called and give her ample warning and notice (My school district is facing a substitute crisis at the moment so not all slots are filling up). How can I enforce this one in particular? The stuff is not much, but it does add up to an extra $2,000!

Thank you for your assistance.

-Fernando Milmo

PS: I have a teacher salary and I also pay her child support + health insurance. I cannot afford any more lawyers unless I know I have a case against her -especially on the kids, which I have every Thursday for dinner and every weekend overnight from Friday to Monday. Ironically, I still pay her child support at about the same rate for a non-custodial parent, ouch!


Asked on 11/15/12, 4:53 am

1 Answer from Attorneys
TC Langford Langford Law Office

My initial question is, has all of this happened in the last three weeks? If this was an ongoing issue, why did it not factor into the Final Decree? These are all issues for modification and enforcement, unless they existed prior to the entry of the decree. At the same time you are describing a home environment, that on the surface sounds potentially dangerous. If this was a contested matter, you might have grounds for appeal (but only for a few more days). Go back to your divorce lawyer and discuss your concerns - as that is the person with the most information regarding your situation. Good luck.

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Answered on 11/15/12, 5:35 am


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