Texas  |  Family Law

Legal Question

Asked on: 10/21/11, 3:58 pm

My ex did not show up for court on 3/22/2008. The judge ruled a default judgment against him. He is motioning to modify child visitation and child name change. The child visitation schedule in place is a modified version of the standard visitation schedule. What grounds typically warrent a change in the child visitation schedule after a default judgment/final decree has been in place for three years. What grounds warrent a child's name change. What is Texas law in reference to children name change? He does not pay child support. He presently owes over 22,000 in back child support. Our daughter is only six years old. I am taking him to court for a contempt case for child support enforcement. What could be the possible verdict for the contempt case? He has been persistent about trying to pull me into court for a modification of child visitation and child name change. He gave me his petition directly the first time he tried to pull me into court. The petition was given to me with a notification to come to court, but the notification did not contain information as to what the date of the hearing was, the time, or the location of the hearing. The second time he made the same petition, he tried to have the judge to rule that our daughter was to temporarily stay with him because he found out I was stuck in Indiana due to giving birth to my son four months early. Our daughter was well taken care of for the three weeks I was stuck in Indiana by my mother and father. The third time he made petition he did not give me adequate notice. What makes a motion frivolous? He has presently set another court date for October 26, 2011. I have not received a citation as of yet. Am I correct to say that in notifying a person for a temporary order hearing you can not count the day of service, weekend or holiday days and the date of the hearing. I must have a complete three day notification right. How do you think the Jugde (Mary Brown) sees the fact that he has not given me proper notification on three going on four ocassions.

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