Legal Question in Family Law in Texas
My divorce was finalized on July 12, 2010, which I wasn't in attendance and I will admit that was my stupidity in not carefully reading the divorce petition I recieved, and I recieved the Divorce Decree by mail on July 17, 2010. In it I discovered my ex-wife was assigned as Sole Conservator of our daughter and I was Possession Conservator. I was also ordered to pay $300/month in child support. I would like to have that order changed due to the fact my daughter was in my possession everyday, including spending the night or weeks at my home while her mother worked. She was only with her mother on every other weekend or whenever she had an off day. Of course now that I have been designated a visitation schedule I thought that would change but of course she still calls me everyday asking me to watch our daughter while she is at work or school. It has also been brought to my attention that she and her new boyfriend smoke marijuana and I DON'T want my daughter around that, if she hasn't already been. How do I go about getting the order changed based on the time my child is with me as well as the drug discovery. Will she be notified in time to try and cheat/pass a drug test or could I have my child tested on my own at a local lab to take to the judge? I want to do this correctly to help my case.
1 Answer from Attorneys
There is no guarantee you will be successful, but if you want to try, you have to do it immediately. Appealing an order is not DIY, and you need to hire a lawyer today. The court retains jurisdiction for only 30 days, and the clock is ticking.