Legal Question in Family Law in Texas
I was served divorce papers in May and I asked my ex when was the court date. She refused to tell me stating she hated me and didn't want to deal with and she was filing for child support. I support my daughter 50% of time if not more everyday. My ex works all the time and attends college so my daughter is at my home and only goes with her mother when she has time off which is every other weekend or maybe twice out of the week. I recently found out the divorce was finalized on July 12 and that child support was awarded to her giving her sole custody as well. I asked her why didn't she notify me of a court date I was suppose to attend and she went on telling me she wasn't my friend and I disgust her and to wait to get the papers to see what happened. My mother and her mother threw a birthday party for our daughter that my ex was well aware of before hand. The agreement was for me to take her out of town to her grandparents for the party. My daughter was at my home as usual and 2 days before her birthday my ex shows up unannounced and takes our daughter stating she has a week off and wants to spend time with her. I ask her when she is bringing her back so I can get her to the party and she states she is going to take her to it. The day of the party my ex calls stating she can't bring our daughter down there because she has to go to work and her fan belt is broke on her car. I was already out of town so I couldn't go get my daughter. There was over 50 people waiting for my daughter for her party and we had to cancel it. My ex feels she is not in the wrong stating "it is only family that will be there so what" My ex makes irresponsible decisions frequently and I feel that ruling is incorrect. My ex is only doing all of this because she dislikes me or hates me as she so often expresses. Nothing she is doing is in the best interest of our child. What can I do? I would like to get joint physical or sole custody of my daughter with the child support claim cancelled. How do I go about doing this.
2 Answers from Attorneys
1. Get a copy of the divorce decree.
2. Take it to a lawyer. You have until August 11 to file a motion for new trial (if in fact that remedy is available to you at all).
I agree with Mark Dunn. Run - don't walk - to an attorney. You were served with divorce papers and you did nothing. Talking to your wife was not enough. She told you the truth - she is not your friend. She is not obligated to do anything & not tell you anything.
You can get everything "fixed" but now it's going to cost you some money to "fix" it!
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