Legal Question in Family Law in Texas
visitation after report of abuse
What are my rights re: preventing my ex-husband from being able to exercise visitation after my son has reported he is being physically and emotionally abused when he goes with him? CPS will not investigate because there are no bruises (although you can break a bone and leave no marks). My son bursts into tears at the thought of going with his father, can't sleep, and is an overall mess. I'm working on getting him counseling, but that will not help if he is put back in the situation 3 times a month. My son also told me, and his doctor, his father threatened to take him away forever if he told anyone he is hitting him, threatening him, or that he does not get food or medicine when he visits. (He feeds my son, but only after everyone else has eaten.) I live in TX, it is nearly impossible to get an abuse investigation started before a child is dead. How do I go about protecting my son without giving his father more rights? -By the way, his father is more than $24,000 behind in child support and refuses to get a job.
3 Answers from Attorneys
Re: visitation after report of abuse
You don't need CPS. You can file a motion to modify and ask the court to modify the current visitation schedule. Your son doesn't need to just suffer through this.
In addition, you can bring a motion to enforce to enforce the back child support. There are many tools available to collect child support owed.
I do suggest that you contact a local attorney and get some assistance.
Re: visitation after report of abuse
You need an attorney that handles a lot of complex family law litigation.
I would call around and get some prices. Also, perahps the attorney might offer a brief phone consultation so you can determine if you communicate effectively with the attorney.
You definately need legal counsel.
Also, you need professionals (doctor, teachers, school counselor, professional mental health provider) that are willing to come to court to testify about what the child is saying to them.
I have found that teacher testimony is very powerful because they are truly impartial and only want what is best for the child.
Hire an attorney that does a lot of family law and be prepared to pay to get it done properly.
At the same time, you can address the past due child support issue.
Re: visitation after report of abuse
You need to hire a lawyer to modify the court order currently in place.
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