Legal Question in Family Law in Texas

Motion to modify HELPLESS!

The original divorce agreement was signed in Houston, Tx. sharing custody, but my ex-husb had the title of "primary custodial parent". Two months later, my ex moved to Dallas and remarried an attorney. His wife became the District Attorney in there County of residence, and they promptly filed a motion to move the case to this county. My Ex then petitioned me for more child support. The case stalled for a while, but a new agreement was made to benefit him. 5 yrs have passed, I now live in FL. I am remarried with two children 3 and 1. I have felt an overwhelming sense of helplessness in ever getting my child back. My daughter is 7 now. When I visit her, she begs to live with me. Now my ex will barely allow me to speak to her by phone, and he lies constantly. What do I do now? I have always wanted her with me, but was out- manuevered legally. And, I still dont have a fair shot with her stepmothers relationships to the court of jurisdiction. Is there any justice for me?


Asked on 4/27/98, 8:38 pm

2 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Is There Justice??

Probably not. You need to speak with an attorney in the county which has jurisdiction over the case. Texas law will be controlling as that is where the child has always lived, Florida law is out of the picture. If the stepmother has an improper relationship withthe court/judge you can remove that Judge from the case. Good luck.

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Answered on 5/19/98, 11:30 am
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

Long Distance Visitation

What is it that you would like to accomplish? If it is a change of custody that you want, you haven't demonstrated that it is warranted. If it is contact and visitation with your child that you desire, that might be arranged. If the two children are your children, then you might be entitled to a reduction of child support based on your new family circumstances. The fact that a person's new spouse is an assistant district attorney, especially in a county as large as Dallas, does not mean that a family judge is going to obey that parent. Why, it is quite hard to get judges to obey attorneys in the first place. The judges in Dallas who try family cases are not the same judges who handle criminal matters. They aren't even in the same building. The buildings are so far apart that you can't walk between them. That lawyer and the judge probably never see each other. What is a problem is that the child remained in Texas and you moved to Florida. It is harder to have contact with a child when you live hundreds of miles away from the child. Be realistic as to what you want to do and what you can afford. Consider your life circumstances and the consequences of the choices you made rather than making assumptions about the Court.

This message does not constitute the hiring of this lawyer for any purpose. It is general information only and you should REALLY seek legal counsel immediately and hire them and pay them if you want legal information for your specific matter. This should merely be taken as general information for you to begin your research so that you will be better informed when you consult your lawyer.

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Answered on 5/20/98, 9:55 am


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