Legal Question in Family Law in Texas

Unfortunately, you are confused about our Founding Fathers and federal laws versus state laws.

Family law is a state issue. It is NOT a federal issue. Each state determines their own laws regarding families.

That said, it sounds like you need to sit down with an attorney and talk. I charge $1 per minute to talk (minimum $30). You MUST bring a certified copy of the current court order.

You can both come in for the appointment. It would be a consultation only.

Your interpretation of child support is wrong -- the child lives in a home, has water, has electricity, eats food, gets driven in a car. That is where the father's child support is going.

Also, child support and child visitation are totally different issues. Even if he does not see the child, for whatever reason, he is obligated to pay child support.

Child support NEVER goes away -- it cannot be discharged in bankrupty, and it continues even if he dies.

As a possible wife #2, you need to be aware that THIS child has priority regarding child support. If you choose to have children with this man, his first obligation is to his oldest child.

Also, if the father does NOT have a will, then the child will possibily (or probably) inherit. Also, his child support obligation becomes the obligation of his estate.

Many second wives get a rude awakening when the husband dies suddenly and the child's mother intervenes in his probate to get her child support. Yes, if you marry him and you buy a house, the child could end up owning part of the house.

I strongly encourage all second wives to insist on a will. A will needs to be reviewed every 5 years in order to make sure that it is current.

There are things that can be done to protect you and possible children but you need an experienced attorney to assist you.

DON'T TRY TO DO AN ON-LINE WILL KIT -- if it's done wrong then the Judge will throw out the will and his estate will be divided as the State of Texas has legislated.

If she won't let him see the kid, then he needs a contempt action or a modification of the current decree.

It is possible to stop her from moving the child, but you need to talk to an attorney to stop this.

I urge you to retain legal counsel or at least talk to an attorney immediately.

Email me at [email protected] if you want a consultation.