Legal Question in Family Law in Texas
Wifes Testamony
First of I wish that my wife and i could patch up our issues but do to the crazy law of No fault Divorce anyone can get Divorced for no reason and I dont see this law or an attorney standing up to change this law. I have a felling my wife might state to the judge that she ( my wife ) fears that I would take my children and run away with them. I would NEVER do such a thing. I have know where to go. and I would never ever go back home to my parents. How do i stop my ex from making such a claim. I have talked to many Fathers who are stuck with supervised visitation do to such remarks. is there any Justice for Fathers. Please is it possible that even keep my wife from saying such a thing to a '' female Judge'' where I might get screwed from such a remark?
1 Answer from Attorneys
Re: Wifes Testamony
You cannot stop your wife from testifying to what her opinion is. However, she needs to have some solid reasons that you might take the kids to Mexico. For example, you are a citizen of Mexico, all your family is there, you have a job there, you own a home there, etc.
Of course, you also get to testify. You can certainly rebut her claims.
We have a similar situation in the office right now. Mom says that Dad is going to "kipnap" the kid and go to Mexico. Dad is a US Citizen, cannot speak Spanish, is from mid-west and has no friends or family in Mexico. Obviously, the wife is claiming that he'll run to Mexico with the children to limit visitation.
It's pretty common for one party to worry about the other parent "kidnapping" the children. All the Judges in Harris County hear it probably on a weekly basis (if not daily).
You need an experienced family law attorney to help you navigate through the divorce process.
No fault divorce became popular because people used to be forced to make up grounds when both parties wanted a divorce. How much sense does that make?
Many states have no fault divorce. The Judges used to require the parties to go to counseling if one party asked for it but since counseling only works if both parties are interested, they no longer waste the time and money of forcing people to attend counseling.
I do, however, strongly personally urge my clients to go to counseling for yourself. Even if your divorce is going to occur, a counselor can help you adjust to being a divorced parent.
Even though you are divorcing, you will still co-parent with the other parent for the rest of your children's lives.
Good luck!
www.familylaw4u.com
Fran Brochstein
713.847.6000