Legal Question in Family Law in Texas

Legal actions to press visitation rights/ custody modification

My fiance is the noncustodial parent with visitation during the Holidays, Summer, and weekends. His ex-wife was permitted during the divorce to move to PA from TX, where we live & where they were living while married. The ex-wife is doing everything to keep my fiance from having visitation with his son now that we can financially afford flying him the distance. She also changes numbers & addresses without notifying him of the change. She has now told him she wants him to stop calling all together and she wants her new husband to adopt their child. What can we do legally to keep her from keeping his son from him? Do we have a strong case for getting custody switch to us? Their son is five and has said he wants to see his dad. Do we have to go by TX law or PA law?


Asked on 10/03/00, 5:56 am

1 Answer from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Legal actions to press visitation rights/ custody modification

Changing numbers and addresses without notice is a violation of the decree, as is preventing access to the child. Your fiance could cite his ex for contempt of court and/or move to modify the divorce decree to change conservatorship. To give an informed opinion of the likelihood of success in changing conservatorship would require much more detailed knowledge of the case and the parties. Texas law will apply, although if you have a PA decree you may need to "insert" some Texas provisions via a motion to modify to obtain certain of the remedies mentioned.

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Answered on 10/31/00, 9:05 am


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