Legal Question in Family Law in Texas
Inappropriate behavior?, and joint conservatorship
I left my husband in March of 2002, for many reasons. There were many reasons for my leaving, but one of them was meeting someone else. Of course, my ex-husband has a real problem with my new friend, and has made my life miserable. Since I am a school teacher, I do not have a lot of money, so my husband filed for the divorce. I did not have the money to have a lawyer represent me, so I didn't know details about the ins and outs of divorce. Unfortunately, I signed a release that I did not have to be informed of the court date. When my ex went to court he filed that he be provide the primary residence for our seven year old daughter, however, we have joint conservatorship. He is threatening to change our daughter's school, but I do not want her to change, since I teach at the school she attends. Does he have the right to do this? What exactly are my rights as a joint managing conservator?
2 Answers from Attorneys
Re: Inappropriate behavior?, and joint conservatorship
If you live in the Houston area, please call me at 713-847-6000. I offer a free phone consultation.
The term "Joint Custody" technically means nothing to me as an attorney in the State of Texas. There are "rights and duties" that define each parents rights and duties.
Now let me really scare you!
It sounds like your husband is trying to get primary custody of your child and you will be ordered to pay child support and carry medical health insurance for the child.
Since you apparently signed a Waiver of Service he could potentially testify to what your monthly income is in determing your monthly child support. He could possibly testify that you make $20,000 per month and if you are not present to consent his testimony, the court can order that you child support be based on that figure.
If you think you can't afford an attorney, please reconsider.
I charge a retainer of $595 and then weekly payments.
To fix a divorce after it has been signed by the Judge, my retainer begins at $995!
You should immediately file a new document with the court revoking your prior agreement so that your husband and the court must notify of what is going on.
Best of luck!
Re: Inappropriate behavior?, and joint conservatorship
I would need to see the order to properly advise you. There may be changes from the standard language that I would not be aware of . I recommend that you read the document carefully, and if you have questions, call me for an appointment.
Very Truly Yours,
Brad Manus
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