Legal Question in Family Law in Texas
Found out that my ex-wifes husband is now in prison for cocaine charges and he will be spending 7 years in the pen. She has no job, has no inclination of getting a job, is collecting $600 a month in food stamps for my two children, her other child that is with this man, and herself. She has not paid a house payment in 4 months, one vehicle has been re-possessed, and she is on a waiting list for government assisted housing. We have joint custody of my two children but primary placement with her because I was in the military at the time being when we got our divorce. I am now out of the military working two jobs around the clock to make ends meet with child support and my living until I can get on with a fire Department in North Carolina. I have family here where I live (Mom, Dad, and twin brother), who are willing to help me out while I am on duty to watch and care for my children while I am away at work. My children live in Texas. I do not want my children growing up in an enviornment that is putting their health and safety into jepoardy. How do I go about getting my two children into primary placement with me? Who do I need to go through about this? I want my kids to live their fullest not in a slum of someone who is willing to bottom feed off of americas tax dollars because she has no gumption to get on her own two feet and make a living to support herself and kids. Please help me out with directing where I need to go for this? My ex wife does not know that I know her situation as I found this out just yesterday from her real mother.
1 Answer from Attorneys
I assume that the divorce was in Texas, and that Mom and the children have been living in Texas for a while.
You would file a motion for modification in a Texas court (in the county where the divorce decree was granted) and you would ask for temporary orders.
Be prepared to make trips back and forth to Texas for the hearings, and be prepared to spend lots of money on a lawyer.