Legal Question in Family Law in Texas
I filed for a divorce case in Texas and while it was pending, I fell very sick and had to leave the State for medical treatment. I then had to leave the country for a family emergency and cannot return to USA as I lost my immigration status. My case was decided in my absence with a default judgement. The judgement was extremely harsh, giving my ex-wife sole custody with NO visitation rights to me and restricting the children to USA. I was also ordered not to contact my wife. Essentially all access to the children has been terminated for me. I wrote to the court and told them my situation. I even asked for a retrial. But as I cannot go there in person, nothing has been done. Also, in the interim I was ordered a child support in excess of what I even earn and soon I will be so much behind that arrest warrants will likely be issued against me. In the name of humanity and to help small children be united with their father, please help me!
1 Answer from Attorneys
Restricting children to the US is very common. Unfortunately, many men have taken their children out of the country for a family "visit" and never returned the children to the US. Therefore, judges now restrict children to the US if they are concerned about child abduction to a country that will not return the children back to the US. You do not state what country you are currently living in, but I assume it is not a country that will return children.
Since YOU filed the divorce, it is rare that a wife finishes it. The default was done because you were not here. You should have dismissed your divorce. Unfortunately, 30 days after the divorce was signed by the judge it becomes final and the judge loses jurisdiction over the case. What was in the divorce is final. It cannot be appealed. A retrial is not possible.
The child support can be reduced. However, I believe you must be physically present in order to be called as a witness to prove that you are making less money. Without you being here, I don't think an attorney can help you.
Since you no longer reside in the US and are unable to enter the country, the past due child support is not really relevant. You are correct, at some point, if you ex-wife decides to do it, she can have you held in contempt of court and an arrest warrant will be issued against you. Then if you attempt to enter the US, you will be arrested.
In summary, I don't think anyone can help you. You might post your question on www.avvo.com & get some attorneys to answer on that site.
I'm sorry and I wish I could offer you more hopeful news.
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