Legal Question in Family Law in Texas

I got divorced around 9 months ago and my exwife has not been going by the divorce papers on when I'm suppose to see my daugter. I'm suppose to have her 2 weekends out of every month sometomes 3 on long months. But I only get to see her once a month. She moved 8 hours away and now won't bring her to see me. Like the papers say to. Plus we have a son and he only sees her once a month he chose to live with me . My daughter is 4 years old. Another question I have is my ex lives with her boyfriend and his son is 11 years old and they make them sleep in the same room cause the only have a 2 bedroom rent home. Even though they both make alot of money I'm very concerned with my daughters safety! What can I do to prevent her from being hurt or molested I don't want to wait till something happens then it's to late the dammage will b done. What can I do? And do I have a case? Thanks


Asked on 2/16/10, 7:36 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Some divorce decrees have a possession order for when parents live more than 100 miles apart. Some do not. If your decree covers that, then this is the provision that should be followed. If it does not, then your ex needs to file a motion to modify so this is covered.

If your ex is not allowing you to see your daughter the required number of times, you can file a motion to enforce the visitation provisions of the decree.

You need to consult a local attorney to review the decree with you and prepare a motion to modify. I'd ask them about the sleeping arrangements as well. This may be covered by the existing decree. If not, then it may be possible to see that it is.

Whatever you do, keep paying your child support. Visitation and child support are separate issues.

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Answered on 2/21/10, 9:28 am
Fran Brochstein Attorney & Mediator

You need to meet with an attorney face-to-face.

I am not accepting new contested cases right now. I highly recommend that you contact PATRICIA BUSHMAN at 713-807-4905. Talk to Jessica in her office. Please tell them that FRAN sent you.

Good luck!

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Answered on 2/23/10, 8:14 pm


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