Legal Question in Family Law in Texas

I am hoping to find when is the time to take a custody case back to court? My husband has a 4 year old and a 3 year old with his ex-wife. She won't work, refuses to work, and constantly asks for money on top of the child support. When told to provide us with what the children need so we can buy instead of giving cash she gets irate and sends vile and rude text messages. Then she posts all about going out and partying. When confronted about getting a job to support the children she threatened my husband for even bringing up the idea. He is up to date on child support and has overpaid the last 2 years, we pick up the kids every weekend there is visitation ordered and often weekends that aren't his so she can go out. We have a home of our own, rooms for both the children, jobs and are able to meet the needs of the kids that she does not. We have bought school supplies and school uniforms. At one time recently she would not take the kids to the doctor so my husband took off work to make sure they got seen by a doctor, the next time we gave her gas money to take them. The very next day she asked my mother in law for gas money for the children but that night was posting things about going out drinking. She posts about drinking multiple times a week even when she has the kids in her custody. This weekend was the last straw for me. We were at a funeral and she called my mother in law asking for money or she was not going to take the oldest child to school. She then made a post that night about drinking the night away then come today, Monday she tells my husband she did not take Michael to school because he does not help her financially. She has blasted him publicly as being a deadbeat and threatened to tell the oldest son's teacher that he has a deabeat father when she told us that he had a project due for school one weekend and needed $30. He was with us over the weekend so we asked for the project information for school so that we could buy the items and help him with it instead of just giving her the money since we see what happens with it. She refused to give us the information for the project. We have saved several conversations and posts she is made showing the name calling, the threats, and the very rude things she has sent to it. I love these kids so much and it pains me to hear the 3 year old tell her father that he is mean because "mommy says" he's mean and to have the 4 year old confirm to us that his mother says these things to them about us. When is it time to take a case back to seek a change in custody and do we have a harassment case?


Asked on 9/29/14, 12:48 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

So seek custody. The burden is on dad as to why custody should be changed. It sounds like you have a lot of grounds. I would quit giving her any cash no matter how much she complains. Quit worrying about being called a "dead beat dad" since you are allowing her to try to control you. Also, print out all the nasty emails, and posts for future reference. Small children will not be allowed to testify in court -- they make crummy witnesses since most also believe in the Easter bunny and Santa! Look around and hire an attorney in your county. It appears you live in the Harris County area - many excellent attorneys in Harris County. Look on this website and www.avvo.com for help. I cannot refer you to anyone via this website.

If you want an hour consultation, I charge $200 for an hour (normal hourly rate is $250 hour)

www.familylaw4u.com

713-847-6000

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Answered on 9/29/14, 2:34 pm


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