Legal Question in Family Law in Texas
My ex husband controls my three kids ages 14, 11 and 11 during visitations every other weekend and they come back pretty weary. He will not let my 14 year old have his cell phone because he said there is no communication between your mother and you on "my weekends". He has taken my 11 year old son and held him up against the wall for acting out and has let my 11 year old girl twin who is developmentally delayed sit in her blood from her period all day without purchasing any pads. He put all the bloody underwear in a bag and gave it to the kids to give to me on Sunday night. The kids can't go to sport functions on "his weekend". The kids despise going over there because of all his antics. How should this be handled, because this is NOT behavior that borders on a sane man/father. In my opinion some of this is neglect and in other ways abusive. Please advise.
1 Answer from Attorneys
What you have is a situation where the existing order (for visitation) isn't in the children's best interest, and you need to have a Judge change it. You do this by way of a motion for modification.
You file the motion, and in it you ask the Judge to change the order, and you tell him what you want. You serve Dad, and you have a hearing (after much exchange of pre-trial discoveyr, and perhaps a mediation session).
Your motion tells the Judge exactly what you want: change the order to require Dad to accommodate the daughter's menses; require Dad to allow the kids to have their cel phones on "his" weekends, and allow them to talk to you via phone for at least 30 minutes each weekend; and to allow the children to have reasonable access to sport functions (I assume that you mean sport functions in which they are participants, such as soccer and softball).