Legal Question in Family Law in Texas
child custody
my huband and i have custody of his 3 year old daughter. her mom hasn't seen or called her sence mar 1, 2001. and only once before that. (this year) which is fine because when she did get her she trashed me and sent the child to a baby sister. can we do anything about that. it is better when she doesn't see her mom.
2 Answers from Attorneys
Re: child custody
It depends on the status of the orders. If there are no court orders in palce then you may be able to negotiate a "by mutual agreement only" vistitation agreement in a decree. If she is paying child support you amy be able to modify the decree and do the same thing. If however she has technical custody and you merely have possession then it may be harder to do. If you are in the Austin/ San Antonio are we would love to help.
Re: child custody
If there is a Final Decree of Divorce, that document controls. You need to get a certified copy of the Final Decree and take it to a lawyer to review.
A believe you need a modification.
With a child of 3, a visit only once a year is not sufficient for the child to know her mother.
If you live in the Houston area, I offer a free telephone consultation. My office phone is 713-847-6000. If I am not available, another attorney in the office will be glad to talk to you.
Best of luck.