Legal Question in Family Law in Texas
modification
I dont have any restriction on my ex husband visiting our two kids. its not stated in our divorce decree that he can have the kids on certain days and holidays which is ok since the kids doesn`t want to meet his new kid and wife.our decree state he cant take our kids out of hidalgo and cameron county.he visits anytime he wants to and the kids love it.i have no problem with it .his new wife is fuming mad about this arrangement. he mention about taking me to court to modify the visitation.they live in houston and me and the kids at hidalgo county.will this case be handle in the area where he filed it or here where i live.does he need a lawyer to do this?he owe his kids 6,000 plus back child support.do i need to hire one if i won`t agree with his terms?can he represent himself if he can`t afford one?i know he is doing this because he is pressured by the new wife who doesn`t want to help him financially.i`ll appreciate your response.
1 Answer from Attorneys
Re: modification
He has every legal right to file for a modification to establish clear standards for visitation, regardless of his motivation. If he files the suit in the county where the divorce was granted, you can request that the venue be changed to the residence of the children. These are specific filings, that if done incorrectly, could torpedo your case. By the same token you have every legal right to file a contempt case for the past due child support. You can file the CS case, and also have the case moved to Hidalgo County. Either party who proceeds without an attorney, will be at a disadvantage.