Legal Question in Family Law in Texas

My ex-husband was granted temporary custody of two of my children and I was granted visitation. Due to distance and finances, I have chosen to visit with then once a month. My ex-husband's fiancee has told me that I need to clear my planned weekend with HER (yes, I need to let him know which weekend I've chosen, but not HER). She has also cursed at me and my mother and essentially refuses to stay out of the situation. My ex-husband won't tell her to stay out of it. I get that she's affected, but she is not their legal parent and shouldn't be in the middle of it. Is there any legal recourse I can pursue to require her to stay out of it (like a restraining order or something that says she cannot be involved in the custody hearing)? Also, my ex-husband lied to the courts to obtain temporary custody and I can prove it. Will I get custody back if I can show that he has lied, and refused to keep his girlfriend out of it, and that he does not follow the court order (dropping them off late, picking them up early, etc).


Asked on 2/01/12, 9:30 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

When you choose your weekend, WRITE A PAPER LETTER (first-class postage is now 45 cents) and send it to your husband. Keep a copy. STOP USING TELEPHONES. Don't send text messages. And don't talk to the fiancee, ever.

Then show up and pick up your children at the appointed time.

If the fiancee tries to engage you in conversations about the children, tell her that she's not a part of your family and it's none of her business. In fact, if she tries to initiate such a conversation, put a video camera in her face and push the "start" button. That will either shut her up, or you'll have evidence that you can use in court.

Yes, the circumstances you describe - such as him not following the court order - are good evidence against him.

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Answered on 2/03/12, 7:38 am


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