Legal Question in Family Law in Texas
I have custody of my 3 kids. and mt ex is planning on moving out of state (soon/date unknown). She has only seen the 8 days since July 2010 (divorce was final on July 27, 2010). When she first left she took the kids while I was at work. But I seen them every weekend but one from March 2010 - End of May. Then I had them for the summer break. in the middle of June I hired a lawyer and she gave up custody of the kids to me. But asked that I still pay her spousal support thru Sept 2010. I agreeably took that offer to have my kids with me in a more stable environment. She has moved 6+ times since March 2010 and hasn't notified the courts once. If she moves out of state who is responsible for the kids traveling to see her during her standard possessional time. I want to seek to have her parental rights removed because her current boyfriend and the daddy of her unborn baby is a convicted drug user and I have her on a recording saying that he also sell drugs. I do not feel that it would be in the best interest of my kids to be around him or her and she is planning on marring him in the near future.
2 Answers from Attorneys
I might have talked to you on the phone the other day - if not - your facts sure sound familiar!
At this point, no court in Harris County, Texas is going to "terminate" a parent's parental rights. It's just too soon.
However, they will perhaps, give you custody and have the visitation be favorable to you.
You need to have a competent family law attorney draft the document so that you can come back into court in a couple of years and modify this document if and when she "messes" up.
If you can prove the allegations you state above, it would be very helpful to your case.
It is often difficult to "prove" in court, the things you are alleging. However, sometimes it can be done to the judge's satisfaction. If so, she might be supervised visitation with the kids or the man would be ordered never to be in the kid's presence during any of the visits.
As you can tell, it's not a simple answer to your complex situation. You need a good attorney to help you through your difficult case.
I recommend that you contact PATRICIA BUSHMAN at 713-807-9405.
I'm not taking new cases because of my mom's poor health.
Good luck!
Happy Thanksgiving!
I would agree with the above response that you have a complex situation which needs the assistance of a competent and experienced attorney. I am a board certifiedm specialist in the field of family law practicing in the general Houston area. I would be glad to discuss the facts of your case with you if you would contact me directly at 713-600-5500.
Bruce C. Zivley
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