Legal Question in Family Law in Texas
My daughter lives in Texas and so does her ex-husband. She and her husband are joint managing conservators of their 4-year old son. My daughter has primary custody of their son.
Her ex-husband brought their son home from a 2-night visitation and he (her son) told his mother(my daughter) that he slept in the same bed with her ex-husband, his girlfriend of a few months and her 5-year old son. Is this acceptable behavior in the eyes of the law?
1 Answer from Attorneys
1. 4 year old are not very reliable witnesses. (He probably believes in Santa Claus & the Easter Bunny!)
2. Is this "acceptable" behavior? TX law does not have a statute that addresses this on point.
TX law does have many statues that indirectly address "unacceptable" behavior. I suggest that your daughter pay for an hour of an experienced family law attorney's time to discuss this matter in greater depth. (What is "acceptable" behavior is what keeps family law attorneys in business & driving expensive cars & their kids in college.)
3. What would I suggest as an attorney & mediator & a divorced mother? Perhaps your daughter should sit down with her ex-husband and discuss this matter. She and her ex-husband are joint managing conservators of this child. They are "ordered" to co-parent this child together. (They might also be ordered to attend mediation before going back to court - she would need to read her court orders to determine what she is ordered to do.) Before "lawyering" up, they should attempt to work together to "parent" this child together. It is better for the child for these parents to resolve issues between themselves than to "fight" & spend a lot of money & time in the courtroom.
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