Legal Question in Family Law in Texas
My daughter's dad has filed a petition to modify our child custody agreement. He refuses to communicate with me on the phone or in person and this lack of communication has kept us from being able to talk our ideas out and come to agreements easily. I have found that his new wife does not allow him to directly communicate with me, because when in the past we talked and agreed on things, she found out and did not like what we mutually agreed to. Last time we were to go to court, he and I talked things out and settled our issues just before going in to see the judge - and he asked if we could "have the judge order what we agreed to so his wife would not find out he had agreed with me". He does not answer his phone and will only communicate sometimes via e-mails, which by the wording I know come straight from his want-to-be legal assistant twenty year old wife. He is representing himself (which I guess means his wife has drawn up this stuff) and he has filed that he wants standard Christmas possession swapping on the 28th of each year (as opposed to the alternate Christmas schedule agreement he and I mutually created three years ago and agreed to in court in front of a judge) and for me to pay for 9 roundtrip plane tickets per year for our daughter to go see him (my daughter and I just recently moved from Texas to Colorado so I could attend graduate school). Even though on principle I don't agree with what he is wanting because nine flights a year will cost more than his total child support for the year, I actually am okay with just making the sacrifice and giving him what he wants in regard to what he has filed to avoid putting my daughter and myself through the grief and the legal fees it would cost me to fight it. Now because my daughter's dad has filed the petition to modify, I am in the situation where I have a deadline to file some sort of response to his petition. Our current order does require we go directly to mediation first if there are any disagreements before we go to court. I have already spent so much on legal fees in the past and I cannot afford the $4000 retainer my attorney wants to go to mediation and possibly court on this issue. With the amount he currently pays in child support it would take me nearly two years to recoup the cost of that legal fee and as a sinlge mom, going to school, and paying for everything, that expense would financially break me. What can I file on my own and how do I proceed to just let him have what he's wanting and be able to move on with life?
1 Answer from Attorneys
Based on what you have written, it appears that you must file a response to the suit or the child's father could obtain a default against you. There are many factors to consider when attempting to modifying a previously agreed order. Which court is the case pending in? Why does the father want to change the requirements for visitation? Did you relocate to Colorado solely for education? There are many other questions to consider in light of the facts you have put forth. You really need to obtain the assistance of a local law firm to ensure that you are fully protecting your and your child's rights and interests. Regradless of what the "want-to-be legal assistant wife" wants, the Texas Family Code is what it is and unless you give in and agree, the child's father may have a difficult time. Call us to talk about more specifics.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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