Legal Question in Family Law in Texas
I am a father who has had custody of my son for almost 6 years now. My ex-wife is trying to make claims that my current wife is abusing him but there is no proof of abuse and she is making the accusations because she just wants custody. I also feel like he is being told things to say by her because he has came home from her house before and told me that once he is 12 he will be able to live with her and he said his mom told him that. Any help would be appriciated
1 Answer from Attorneys
I would send her a registered letter informing her that your son has recently told you that she has been discussing possible future litigation with him. Ask her to refrain from doing that or making any remarks that he could easily misinterpret as being related to litigation between the two of you. Use the fewest words possible... No more than a half page letter... And avoid histrionics and lectures.
If your final decree of divorce contains a permanent injunction against discussing litigation with the child, you can consider suing her for enforcement.
If your final decree does NOT contain such a mutual injunction, then you can file a petition to modify seeking such an injunction. I had to do this recently in s case in Denton.
You might also consider getting your child into some good counseling soon for two reasons: first he needs to be inoculated, so to speak, from his mother talking about that kind of stuff. Second, anything he says to the counselor can be used in court if you need to sure mom for talking about improper subjects with him. Do there's a therapeutic objective and an evidentiary use for counseling.