Legal Question in Family Law in Texas
''standing to bring suit'' and ''materially and substantially changed''
Ex-wife has primary custody for 13 yrs now. She is bringing suit to modify essentially petitioning that I agree to let her have conditional approval as to when to have any visitation. I have always paid child support and been an active part of my son's life. Regular visitation on alternate weekends and holidays. Does she have standing in this petition? If so, what requirements would satisfy the ''circumstances that have materially and substantially changed'' in order to justify this suit to modify the original decree? I am content to let my teenage boy stay at her home if he does not want to come over since discipline is carried out differently at my home, and they consider an occasional spanking (6 times in 7 years) abuse.
More importantly, what can I do to safeguard my intact new family from being disrupted by some bureacrat from a CPS type organization turning things upside down?
1 Answer from Attorneys
Re: ''standing to bring suit'' and ''materially and substantially changed''
If you have court-ordered visitation, there is nothing your ex can do to alter that, unless, of course she or CPS can prove abuse (which spanking is not unless it goes beyond simple discipline to actually harming the child--bruises, etc.) If CPS gets involved, get a lawyer immediately. Since the child is a teen-ager, he or she has some say in whether they want to visit...it's hard to force them to come if they don't want to. As for whether she can bring the suit, if she has the money and the time, she can always file such a suit, but she might not win.
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