Legal Question in Family Law in Texas
Custody,Visit, etc
I am currently seeking a Divorce from my husband and his attorney keeps delaying the Divorce and my attorney seems not able to get it over with. How long can my husbands attorney delay our Divorce. Second question...My husband sees our children via the SAFE Program for right now. It is what we agreed to in Temp order. My husband Does not like the program and has asked to see teh kids more often. I dont feel my husband is mature enough to be alone with the kids...and when he ask for more time I tell him know. He tells me that we Don't have to follow the Temp orders. and that as a father he should see them more often. Will this Hurt me if i stay with what the Temp order says or can he use it against me. he keeps telling me that if the tables were turned that He would allow me to see them any time i wanted to. I feel the orders are by the judge and I can't and wont break them. Will this blow up in my face when we go to trial?
1 Answer from Attorneys
Re: Custody,Visit, etc
Let me guess. For years during your marriage, your husband was constantly manipulating you. Moreover, he has belittled you to the point where your confidence and self-esteem are at an all-time low. Am I close? Why would he be any different now?
When you separated, you had some reason for believing that the children's safety and well-being were at risk around him. So much so, that you hired a lawyer and communicated your concerns to the lawyer. The lawyer was astute enough and skilled enough to get that point across to the judge, despite your husband and his lawyer. So much so that the judge agreed and ordered restricted visitation. Thus the people that you went to to seek help, validated your concerns.
A plan is now in place that protects his rights, and protects the well-being of his children. Your concern is not whether he likes it, or whether it would have been different if the tables were turned, your concern is whether your children are safe. I don't know what he did in the past, but he did something to EARN this restriction. If he had been a decent dad in the first place, this situation would never have occurred. You are not doing this to him -- he did it to himself! Once he accepts that and demonstrates changed behavior, then he can petition the court to lift the restrictions.
If you reject this restriction now, you are communicating to the judge, that you are a patsy. That you do not have your children's best interest at heart, but the convenience of your husband. A husband whose behavior is questionable regarding the safety of his own children.
In emotionally difficult situations, it is common for a client to want a case to move quickly. Unfortunately court calendars don't cooperate. Your attorney is not 'giving' in to the other lawyer, but working within the system to protect your rights and your kids' rights. It is so hard to be patient, but a legal fight like this does not go quickly.
PLEASE communicate with your lawyer that he is badgering you this way. Ask that his lawyer be instructed to tell him to stop. If he won't, then the judge will.
Stay strong, and remember that the kids come first! The judge signed the order, and the judges expects you to follow the order.
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