Legal Question in Family Law in Texas
I have a very odd situation I am dealing with right now. I was recently divorced (Nov 27th) and lost the custody battle to my ex. The judge stated that her mental health, home stability and job security as well has the fact that her previous daughter was taken from her for neglect was a concern but the fact that i moved to texas( which is wear i am from and have my entire family and friend support system located) negated these concerns. I recently found out, as in yesterday, that my ex, is fully into BDSM. She likes to pretend she is a small child and "punished" by daddy. She also has a tumblr account where she frequently posts pornographic photos and gif images, not of herself, and talks about how she wants to be choked and spanked. My main concern is that she is exposing my daughter( who is 2 1/2) to her now husband, that likes to pretend that he is sleeping with/ punishing a minor. And also that my ex is posting these pornographic images while my daughter is around her and exposing her to that material. I currently have my daughter with me and my visitation ends this weekend. I am not comfortable as a father or person to hand her over to them even though I do not have custody of her. I know there are laws that protect individuals into BDSM against legal action. Is there anything I can do to help my daughter and gain custody of her on these grounds?
1 Answer from Attorneys
It sounds like your case is not a Texas case. Therefore, I won't comment on it since I'm only licensed to practice law in the State of Texas. You are asking a very complex question so I'll keep my answer brief. You need to hire an attorney immediately.
The court of continuing jurisdiction is the court that granted the divorce. I assume that your ex-wife still lives there so it will remain there as long as she lives there. So you will be in front of the same judge.
I urge you to retain an attorney immediately or talk to your divorce attorney about your options. I would look on this website and on www.avvo.com if you need to locate an attorney.
Quite frankly, I don't know if this is enough information to modify custody. Modification of custody is a large hurdle to covercome. I suggest that you need to immediately print out everything you found since she can remove the site as soon as she learns about what you are thinking of doing. Also, you have to prove that it is her site & she posted this information. That is always not possible since "someone else" could be doing the posting & her name and posing as her. If she denies everything you just said, the burden would be on you to prove that it is her & that she is actually doing these things.
Good luck!
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