Legal Question in Family Law in Texas
My ex is always threatning me with not letting me speak with my children and cussing at me on the phone while my children are right there listening to her say all these things. What can I do about these two things? My children have had several accidents while under her supervision to include my son falling out of a 2nd story window and just recently she had a car accident with him in the vehicle while she does not have a license. CPS seems to be non existant through all of this. What can I do about all of this? I am active duty military and pay my child support and try to be the best father I can be when Im close to them.
1 Answer from Attorneys
Are you able to care for the kids yourself? Some active duty military folks, depending on their base of operations, can and some can't. If you can, you can sue for modification and ask to be made the primary conservator. If you are not in a position to be the primary parent (and lots of working folks are not), then you should ask for a modification to impose a mutual injunction against disparagement. Frankly, I'm not sure what that's worth because a court order will not make her a better person.
If you are in a position to take care of your kids 7 days a week, then I would sue for primary conservatorshp. You will need a family law attorney to help you get this done as it is a complicated undertaking. If you don't think you can afford one, call the Texas Legal Services Center (www.tlsc.org) and they will refer you to someone who will work at a significant discount.
Good luck!!
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