Legal Question in Family Law in Texas

My exhusband is not allowing me to call our kids while they are with his parents, who are keeping the kids overnight around the clock while he is working. It is not addressed in our decree.Is there anything I can do?


Asked on 12/20/14, 1:19 pm

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

As I do not have any other information pertaining to your matter, including negative information that has occurred on your end that may keep you from being able to go back to court and modify the original order that was entered; and as I do not know why the children are with your ex at night and not with you, their mother; and as I would need to know this information and other information before being able to answer your question...hypothetically, and based only on what you wrote....

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Yes, there is something that you can do. You can hire a qualified child custody lawyer or family law attorney to draft and file a Petition to Modify Custody based on his alleged alienation of the children, communication issues, and, I would also fight for additional custody time with the children based on him leaving the children with his parents instead of being at home and caring for them (unless this was known to the court in your original case), when you are their mother and when you are able to care for them (if you are?).

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Modifying a custody order is not an easy or cheap process and you will need to prove a substantial change in circumstances in order to modify an existing order. That is why additional information will be needed in order to answer this question.

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Goldstein & Scopellite, PC has qualified litigation attorneys, child custody Lawyers and family law attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

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Answered on 12/20/14, 11:40 pm


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