Legal Question in Family Law in Texas
motion against ex-wifes boyfriend
my divorce decree states, no unrelated overnight guests between 12am - 6am when kids are present. we split time with kids. i have them one week, she gets them the next, and so on. i have a good feeling that ex-wife's boyfriend lives at her house and is there when the kids are there at the times specified in the decree. i learned that her boyfriend has spanked my younger son. i want to legally stop this from every happening again. do i need to have a motion filed? can i file the motion myself? if so, what form do i use? my guess is that it would be better if i had it filed so that the language in the motion is specific and correct. your advice is appreciated.
thanks,
mike
2 Answers from Attorneys
Re: motion against ex-wifes boyfriend
Yes, you need to file a motion for enforcement, and possibly modification regarding the boyfriend and spanking. Everyone can represent themselves, but you are much better served represented by counsel.
Re: motion against ex-wifes boyfriend
You need to file a motion for enforcement (if you are sure the order has been violated) and request that the court assess sanctions against the ex for violating the order. You may want to couple the enforcement request with a request to change the prior order. I suggest you retain a lawyer to assist you.