Legal Question in Family Law in Texas
So, I have been happily divorce for several months now. I share the kids with my ex. I have them every Thursday for dinner and overnight every weekend Friday thru Monday. Things couldn't be better, except my kids are starting to show signs of brainwash at my ex's house. About a month ago, my oldest (5 year old) out of the blue told me my ex calls me a jerk in front of them. Then, during my time with the kids, while at my parents for Christmas, my youngest one (4 years old) tells them I "abandoned" them. Now, my 4 year old is smart, but there is no way he came out with that word on his own. I have not talked to my kids much about the divorce until now, and even then, I refuse to go into detail until they are older. Suffice to say, my ex cheated on me multiple times. I didn't abandon them. Heck, I see them every weekend (except the odd holiday when she gets them).
What can and should I do to protect them? Our divorce states that neither parent should talk bad of the other in front of the kids. I think it even says that the kids can't be with someone talking bad of the other spouse. I also have screen prints of my mother-in-law saying she will call me a jerk in front of whomever she wants to (including the children).
I try not to talk to my ex or ex-in-laws much, except right now she is really behind in the bills she agreed to pay in the divorce, including the mortgage payment. I have paid the ones that hurt my credit and have sent her emails (which she has replied) informing her this are not gifts. I also hand delivered a letter to her stating this fact. The problem is that I am obligated to pay her $6,500 this summer, which is also the time she needs to move out of my house. At this rate, she will use up all the money by March! I am taking her to mediation to hopefuly agree to do a wash on what she owes me and what I owe her. I already gave her an ultimatum that we need to go to mediation before the 20th of January. I figure that will give me plenty of time to hire a lawyer if I need to. The problem is the parental alienation. Should I bring it up in mediation? Should I hire a laywer? When is enough, enough? On a side note, my older son has a ridiculous amount of absenses and tardies at school. She also is refusing to get him diagnosed with what could very well be autism (she emailed me saying she would do anything in her power to prevent this). She even took someone to the doctor appointment that talked bad about me in front of them (fortunately, the doctor saw enough symptoms in my child to request a second evaluation). My ex has also had various room-mates move in and out of her home in the last year.
My main concern is my kids, seeing that money can be replaced, but a healthy upbringing for my kids cannot be replaced. At the same time, I am a public school teacher so I'm not rich (nor can I afford to hire a lawyer every year until they are mature and grown). If it helps, we mutually agreed on the parenting plan - there was no family study. I was coersed a bit (meaning my crazy ex was willing to lie and say bad things about me in court)
1 Answer from Attorneys
Nothing that happened before the judge signed the divorce papers can be brought up now so it's irrelevant. The divorce decree started both of you with a clean slate. So her affairs are irrelevant now.
Should you hire an attorney? Hell, YES!
I'm an attorney and I never do anything without consulting with an attorney. I'm twice divorced and even though I'm a divorce attorney I always hired an attorney to represent me in my ending my own marriages. Why? Because I'm emotionally involved in these matters. You are a school teacher and you are in strange waters. You definitely don't understand what is going on.
Please hire an attorney immediately to assist you in this matter. The parental alienation that is going on is serious. Everything that you mention in this question SCREAMS that you need legal representation.
I would look on this website, on www.avvo.com and on the State Bar of Texas website for an attorney. I don't know what county that you live in. I know that you are not in the Houston area. If you are in San Antonio, email me at [email protected] and I'll tell you about an attorney that I personally know and respect.
Please hire someone immediately. And, good luck!