Legal Question in Family Law in Texas

Re: What can i do to protect my self?

Your question has many folds and I could not

properly answer it in one complete answer.

you can e-mail me or call me free of charge

to discuss the situation you described,

or at least seek advice from the lawyer of your

choice, do it quickly!

Re: What can i do to protect my self?

To answer your question in one sentence, talk to an attorney as soon as possible.

Do you currently have the children in your possession? If not, is she letting you see the children?

It might be in your best interest to file the divorce and ask for Temporary Orders. However, you need to make this decision after you consult with an attorney.

Here are a few random comments that you need to know:

In Texas, if one party wants a divorce I can guarantee you that eventually a divorce will be granted.

Texas recognizes no fault divorce. You do not need to plead adultery in order to get a divorce. In fact, since divorce papers are open records that you children might want to read when they are older, you might want to omit the adultery issue.

You might neeed some temporary orders to prevent your wife from taking your children around her new boyfriend or having unrelated males spend the night with her if the children are present.

If you are in the Houston area, I offer a free consultation in person or via phone.

Best of luck to you!

Re: What can i do to protect my self?

Hello this is Parmalee Simmons replying to your question about what YOU should do.

I think that you should hire you a lawyer and take her to court to get power over your kids so that your kids don't have to be around a bad eviroment and if she wonts a devoice she is going to try to get power over the kids so that you can't see them no more so I recormind that you take her to court if you got any more questions feel free to email me at [email protected] or call me and I will disscuss it with you okay.8174617498 BUT I DON'T have any informaiton if she is or if shes not going to trt to get power over the kids or if she wonts a devoice be free to call me at any time.

Re: What can i do to protect my self?

You probably need to see an attorney as soon as possible. There are several issues involved here.

First, if you file for divorce, or if your wife files first, you can get a "for fault" divorce based upon adultry, assuming that it can be proved. You might not want to, however, if you and your attorney sense that a divorce can be obtained with less antagonism. That is almost always better for the children.

Second, if you file SOON, before she comes home or picks up the kids, then you will have a better chance of retaining custody of the children during the divorce which will give you a better shot at custody afterwards.

Third, you need to begin preparing for the divorce BEFORE she files and gets temporary orders limiting what you can do. Your attorney should be able to counsel you on this.

There are several other issues that you must deal with even if you do not want the divorce. I am not advocating that you necessarily file for divorce if you do not want to be divorced, but you MUST understand the law and how to protect yourself in any event.

If you are near Austin, I would be happy to set up an appointment to visit with you.

Re: What can i do to protect my self?

First step to take is to make sure that you have possession of the children now. The parent in possesion of the children at the time the divorce is filed will have the advantage in any upcoming custody fight. The is particuliarly true when the innocent spouse stays in the family home with the children and the guilty spouse leaves. You should also be concerned if the children have be taken to a different county as you don't want the custody fight and divorce to be fought in a different county than yours. While you may not want a divorce, for your children's sake, you may need to file for divorce and seek temporary orders, establishing you as the primary custodial parent and setting forth orders for the mother to pay support and have visistation. The court will also order mom to not let the children be around her boyfriend or have men overnight with her when she has the kids.

Good luck