Legal Question in Family Law in Texas

My husband has two kids with his ex girlfriend age 3 and 9. He pays child support and it comes directly out of his check. They do not have a court order for visitation so when "she feels" like she needs a break she lets him see them. We live in Dallas and they live in Arkansas.When my husband calls to speak to his kids she hangs up in the middle of their conversation. She constantly talks bad about my husband to his kids. The 3 year old would rather be with her daddy and has no connection to her mother. Out of the blue when they were here for Christmas break the 3 year old said, "Daddy, I don't love my mommy." She said she is mean to her and always hitting her. Every time the children are with us she calls constantly. This past break she refused to get the girls. Wenesday, December 29th he talked to her on the phone and told her since she would not meet him halfway like they agreed him mother would meet him half way and she could get them from his mother, she agreed. On Sundaymorning, the day that they were going home the police showed up at our door saying that the kids mother called and said she didn't know where her kids were and he was not allowing her to speak to her kids. My husband is a Police Officer so having legal issues can be very damaging to his career. My husband explained to the officers what was going on and they spoke with her and she admitted the arrangements were already discussed. My mother-in-law met my husband halfway, on the same day, and took them back to Arkansas. She has physically assaulted my mother in law in the past, so I was concerned at the outcome of her having to have any physical contact with his ex. My mother in law called and asked her to come and get the kids from her house and she refused. She said she wasn't going to get them she had to bring them home herself. My mother in law took the kids home. She has been bragging and boasting about the situation stating that she is going to do everything in her power to get my husband fired. I explained to my husband that he needs to go to his Sergent to keep him aware of what's going on. However, I would like to know if there is any legal steps that we could take to allow my husband to see his kids. I did research and because he is in another state it seems impossible. As far as the harassment goes, I would really hate for my husband to lose his job over vicious lies and constant harassment from his ex. It is to the point that all communication has been cut out because we are trying to keep any opportunity from her to threaten his job. Can we get some type of non communication court order? What can we do to protect ourselves. My husband really wants a relationship with his kids but for some reason she feels like he has to bow down to her and "do as she says" in order to see his daughters. And when he is spending time with them she is constantly calling and harassing. Please help. This is getting more and more out of control and she will stop at nothing until she has damaged my husband's career, reputation, and everything he has worked for. I understand that he is the father of her kids. However, I thought harassment or any kind of intentional harm to a public servant was punishable by the law. Your help would be graciously appreciated. We are newlyweds so our finances are very low right now. Please let us know if we have a case. If so please give me an estimate of the cost of this type of case. Is there any way he can have a relationship with his kids? Or is the States idea of child support is just to get a check for the child and give the father no rights? Please help.


Asked on 1/08/11, 6:27 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

The kids are residents of Arkansas. Therefore you need an attorney there. You are wasting your time and energy posting on Texas websites. I'd look on www.lawguru.com and www.avvo.com. Both sites allow people to post for free. So read what attorneys have posted and get a "feel" for their answers. Then contact an attorney.

Here are my comments based on your long post:

1. Your husband has a career. He must be careful or he can lose it. I've decent guys lose their jobs due to pissed off ex-wives.

2. The mother knows #1 and she intends to manipulate the entire situation. She intends to "control" his life as long as these children live. There is no magic pill to "fix" her. I suspect that she has been this way their entire relationship. I suspect she is probably bi-polar and/or has some other "issues". He's remarried and she is mad.

3. You are a step-parent. You have no rights. Get used to it. Stay out of this "mess". Your husband is the parent. These 2 people created these kids. These are his children. This is his "fight". If you don't like it, divorce him now. (That is why the divorce rate for second marriages is higher than first marriages!)

4. Seeing his children and paying child support are 2 totally different things.

5. Before you do anything - save up your money and prepare for a very expensive legal battle. If you don't win, your lives will be a living hell. She will be "empowered" and your lives will be worst then they are now!

Now for the really scary thing. If you start to win, plan of her escalating, she will probably allege that he is sexually abusing the children. If you have children (or have children in the future) she will allege that you or your husband are sexually abusing them. Yes, is happens all the time. She might call CPS and/or try to get him arrested and sent to jail. So, before you move forward, you need to decide if it's worth it. Yes, I've seen innocent men lose everything (jobs, money, careers, even go to jail due to allegations of molesting their children or step-children) and once the allegations are made even if the charges are dismissed the file still exists!

Plus she can make anonymous allegations against you! You can't do a thing about it. Even if the allegations are untrue CPS will have a file on you in their computer system. Then 30 yrs. later if you ever need to get custody of a "future" grand-child, the "data" will pop up in their computer system that there was once a call to CPS on you!

So, think long and hard before you open up this can of worms!

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Answered on 1/13/11, 7:33 pm


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