Legal Question in Family Law in Texas

I've been divorced from my wife for over a year. I am the sole managing of our son. She has moved away to Rhode Island and is living with a convicted Child Sex Offender. Of which she has refused to disclose the details of the case like our papers require. She has not been taking her medications for her mental disability and she is working as a part timer at Wal-Mart and doesn't make very much money so I have fears of his well-being both nutritionally and physically. Another thing is while she's at work I fear that he will be alone with the child sex offender. Who has not even met him yet and his mom and he have gotten my son to call him 'daddy charlie'.

In January, my ex-wife called my fiance and told her that Charlie was beating her and that she wanted to get away from him. So we brought her to Houston and tried to help her get back on her feet. After 2 weeks of being here she started to complain about being around our son 'too much' that she wanted to go back to her boyfriend in Rhode Island. She began ignoring our son We refused to buy her a ticket and after about 2 months, she found the money to get herself back there and left.

He was left feeling abandoned again. Saying 'mommy gone?' and crying alot for weeks after she left.

Like I said, I'm concerned about his well being. In all aspects. Physical, emotional, and nutritional.

Is there anything that I can do? Can I refuse her visitation? I've offered to let her come down and visit him for a month or so, but she refused.

I called the court, but they said that there is nothing that they can talk about.

Can someone please help me?


Asked on 6/14/10, 7:51 am

3 Answers from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you may need to go back to the court and request some relief. Specifically, you may want to consider modifying the current decree terms for visitation based on the current information you have available. You probably should also consider hiring a local law firm to assist you with protecting your and your child's rights and interests in this matter.

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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Answered on 6/14/10, 12:01 pm
Fran Brochstein Attorney & Mediator

If you want a consultation, I charge $2 per minute to talk. You can bring your girl friend.

I also recommend that you think about putting your child in counseling. He is obviously confused. There are counselors that work with small children in play therapy.

[email protected]

713-847-6000

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Answered on 6/14/10, 3:57 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

I am experienced in handling cases such as yours. I concur with what the other attorneys have told you above. I am a board certified specialist in the field of family law here in the Houston area. I would be glad to talk about the options available to you, without any consutation fee. If interested in visiting, please contact me directly.

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Answered on 6/15/10, 11:32 am


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