Legal Question in Family Law in Texas

my husband and i have been seperated since january, 2009. i live in a city in texas two hours away from him. we have a son together who will be four in july, and when i left my husband he threatened to kill me if i took my son, so i left him hoping that he would let my son visit me regularly when things cooled down. he let me see him for a week in march 2009, then came to my house to physically take him from me after my week was up instead of letting me meet him halfway like we had discussed. i didnt even know he was coming. he just showed up. since it was the last day i was supposed to have him, i let him take him. he never let me have him again. i went to his house for a visit with my son in december 2009 and found an opportunity to escape with my son, and did so. at the end of january, even after more death threats and threats of harm to myself, my steady boyfriend that ive had since april 2009, and my property, which i can't prove, he managed to make me feel guilty for keeping my son from him, and i agreed to let him take him for a week. i never got him back. he bribed me into signing uncontested divorce papers stating that he would have physical custody while i payed child support even though i have not and will not be working, he said if i signed them he would let me start regularly having my son for visits. he never let me visit my son. now i am five months pregnant with my boyfriends daughter and we can no longer get a divorce until shes born. on memorial day weekend i miraculously convinced him to just let me take him for the weekend so he could have a break from being a single dad and go drink and party, and i am NOT giving him back. well now he's threatening that if i dont give him his son back, he's going to get visitation rights for my daughter that he has no possible way of fathering and take her for visits without my supervision. in emails back and forth he is indirectly saying he will hurt her. is there anything i can do to keep him away from her? can i use the emails as evidence that he acknowleges its not his kid and that he will give her less than quality care if the courts say he has visitation rights? and
can i use it against him in a custody battle for our son? we are in texas. my relationship with my boyfriend did not exist prior to april 2009 and so did not lead to the degradation of our marriage, can he take my son by saying that im an adultress? my boyfriend has been taking care of me as if we were married and we are getting married after this mess is over, and my husband has had at least three girlfriends that ive heard about and one that hes told me about but is now denying in email form to try to corner me on paper. hes trying to make it seem as if he was "faithful" the whole seperation even though he was married before me and had an affair with his exwife all of which i have no proof of, will a judge see through his act?

Asked on 6/19/10, 8:34 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

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You can file for divorce now and get temporary orders in place NOW.

You can try to stop his harrassment NOW!

You just can't get the divorce finalized until the new baby is born.

It sounds like you really need to consult with an attorney.

I offer consultations for $2 per minute. You and your boyfriend can come and talk to me about your options. How much does it cost? That depends on you. You can bring your questions and we can go over all of them. Most take an hour. I've had consultations go over 3 hours when the people have a lot of questions. I charge cash for these consultations.

You have a complex and difficult situation that cannot be answered via email.

[email protected]

Answered on 6/20/10, 12:15 am

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