Legal Question in Family Law in Texas

Need guidance for divorce

I just recently seperated from my husband. We lived in Waco but I moved 2 hours away because I had no family there. We have a daughter together who is 1 1/2 whom is with me. As far as visitation, I don't trust him or his son. What are my rights there as far as having supervised visits. Also, what are my steps for proceeding with the divorce. He cleaned our checking account out and left me with nothing. Now we have several bounced checks and I wanted to see what I need to do about this also. Any advice would be greatly appreciated.


Asked on 8/15/04, 7:09 am

1 Answer from Attorneys

Betsy Lambeth Betsy F. Lambeth

Re: Need guidance for divorce

You divorce will have to be filed in McClennan County unless you have been at your new residence for more than 6 months. If you have been at your new residence for 6 months or more you can file for divorce in the county where you reside.

Whether or not supervised visitation would be ordered depends on the individual judge. Some judges require a great deal of proof before requiring supervised visits. In Williamson County, I deal with 4 different family law judges and each of them would approach a case like this differently. If you have some concrete reasons backed up by examples (facts) you could possibly be successful. For example, if his son has been accused of inappropriate conduct with a small child before. But you must have some factually based reason for wanting supervised visitation. Not just concerns.

In regard to the checking accounts - it would be best for you to immediately file for divorce. There is a possibility that you could be awarded temporary spousal maintenance (alimony) AND child support. Most courts will not look upon a man too kindly that left his wife and child without money to buy food.

Good luck. Feel free to call if you have any further questions.

Betsy F. Lambeth

512-255-7191

[email protected]

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Answered on 8/15/04, 9:58 pm


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