Legal Question in Family Law in Texas
Ok. My husband has full custody of his 16 month old son, but he has had temporary custody since he was 4 months old up til August when he received full custody. We just received the papers and they say mother gets no visitation period and must pass 4 clean hair follicles over a year period in order to modify visitation to supervised.
Does my husband have to answer her constant phone calls and texts? She wants to talk on the phone to the 1 year old for literally 5 seconds saying mommy loves you, but he knows me as mommy so runs to me and gives me a kiss. He does not understand phones and cannot talk.
We have recently sent her a letter stating she can only communicate through email and we have set up a blog for her to view pictures of the child. She will recieve monthly updates on the child seeing as how a month ago she told CPS she doesn't call because she KNOWS he's fine. Before we received the papers she literally called to actually check on the child about ten times the entire year. Now she won't stop calling.
Is the email thing ok? Does he have to answer her constant calls and texts?
1 Answer from Attorneys
It sounds like you are trying to be reasonable. Judges like reasonable people.
Perhaps he should call her once a month and give her a verbal report of what is happening in the child's life.
The blog is a great idea.
I recommend that you document everything you do as well as her phone calls and texts.
Then if she files for a modification you will be prepared with your evidence as to her behavior.
Unfortunately, addicts often have problems with boundaries. Has your husband tried to very nicely just ask her what she wants. It sounds like she is in panic mode. The child will start talking soon so perhaps letting her talk to the child once or twice a month would be appropriate.
Unfortunately, you will never be this child's mother unless you adopt.
There are no rules in the Texas Family Code regarding how to behave. Attorneys usually recommend that people act reasonable and rational. The court will always look at what is in the child's best interest. If mom gets clean and sober then she could come back into his life. If so, the child will know his mother. Perhaps a court ordering no visitation has been a wake-up call her for to clean up her life.
I hope this helps.
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