Legal Question in Family Law in Texas
Okay my question is involving my divorce/custody. In my divorce it was stated that once my son turns two years old, my ex husband would be able to get him on regular visitation (the same as what my daughter, who is 4, gets)..My concern is this, my ex husband has always denied my son, but knows he's his so will not request a paternity test...he has only seen my son twice since he was 5 months old (he's now 20 months) and one of those times was when he came to my state for the divorce hearing and i brought both kids to see him at his hotel. I'm not comfortable with allowing my son to go visit him 13 hours away once he turns 2 years old for extended periods of time since he is considered a stranger to my son. I feel like it would emotionally take a tole on my son. In our decree it states that his visitation with my son is to be supervised here in Texas at my grandmothers house whenever him and i agree he can come visit him here. (which is any time he wants) He has not come to see him even once! I have offered several times to drive the kids to NEBRASKA to see him but he refuses to have my son there. He's only interested in seeing our daughter. I want to take him back to court to have the age extended past two years old. What is the likeliness that will be possible? I'm getting married this year and my current fiance wants to adopt my son, how likely would it be that could happen since he has taken no initiative to get to know our son or have any part in his life?
1 Answer from Attorneys
First, you have to follow the order until it's modified.
Second, you need to take your daughter to a counselor to screen for sexual abuse. Probably nothing going on, but your scenario raises flags.
Third, to get a modification to the current order, you'll need to convince the judge that there has been a material and substantial change in circumstances and that your requested changes are in the child's best interest.
Fourth, for your new husband to adopt, you'll need to have bio dad's rights terminated. If he agrees to the termination, it's easy. If he doesn't agree, the facts you've presented here don't sound like enough to have the court terminate him.
Finally, and don't take this the wrong way, but there's at least a 50% chance you current marriage will end in divorce (just statistics... Obviously I don't know you or your new husband.) If that happens, you'll be engaged in another custody battle. Think about that carefully.
Good luck!!
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