Legal Question in Family Law in Texas
I live in texas and had a realationship with a man who was married but separated. We had a child together, and he has since reconciled with his wife. I have tried to maintain a civil realtionship with him for our son and he knows he can see him whenever he wants on his terms. I just want my son to have his father in his life. Now, his wife has physically assaulted me (he begged me not to press charges so I never filed a police report) and threatened both me and my son (also never reported because of my ex's request). She has told him she wants nothing to do with our son and wants our son to "disappear". They have kids together and these kids have been exposed to their physical and verbal fights regularly. Obviously, I want her to have no contact with my child for fear of his safety. My question is what rights does she have? My son is 18 months and barely knows his father, as it is. He just met his fathers family for the first time and we are working on the relationship between them. As stated before, I want his father in his life. I just don't want him to be able to take him around her. I would be fine with him seeing him at his families house or another designated spot.... but how likely is this? Will he be able to take my son in that environment? around her? He has stated in the past he didnt want my son around her but now that they have reconciled he wont admit to this... Just want to know what I should expect when we go to court. Thank you very very much!
1 Answer from Attorneys
You have no control over her through any court orders, unless perhaps you file a protective order. What you are actually looking to do is to limit the Father's ability to take your son around this person. First off - you need orders in place. Without orders, there are no restrictions or limitations on Father.
It certainly sounds like you can get an injunction or condition in temporary orders or final orders to keep the Father from taking Son around Wife. You will need to convince the Judge of the danger to your son. With Son being so young, visitation will be limited anyway.
Best advice, hire a good lawyer who works in that jurisdiction and will know what the Judge expects to see.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
