Legal Question in Family Law in Texas

During a divorce one spouse is dating during legal seperation. There is a 9 year old child involved. The father has temp. primary residency of child. The mom who is dating a man, whom she also lives with.. The mom's boyfriend was convicted 1996 and served 5 years for an assault. There for after has not been into any trouble. Now..the father has teamed up with the estranged sister in law and has decided to make allegations that when the moms boyfriend was in high school over 30 years ago that he was accused of rape. Which however he has not ever been charged of. They also have stated "word of mouth" that there was a witness. So the childs lawyer wrote a rather distatseful email stating that it was in the best interest due to this history that the boyfriend be in the presence of the child during the mothers pocession. So my ? would be legally can they do this? 2) If they marry will this be null? If someone can please email me, or answer this for me It would be appreciated. Thank You!! [email protected]


Asked on 7/20/10, 11:22 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Mother needs a lawyer asap. There are issues here which are potentially catastrophic if not handled. Thirty year old unfounded allegations are not relevant, and should not be admitted. It has the same credibility of gossip. The court's ruling will be based on what is in the best interest of the child, not any of the adults. Mom needs a lawyer to present the best evidence to the court that her environment benefits the child.

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Answered on 7/21/10, 8:54 am


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