Legal Question in Family Law in Texas

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.

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

1 Answer from Attorneys

James Bayles The Bayles Law Firm
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You ask a lot of complex questions that will require complex answers. To give you simple answers, yes, he has the right to ask for modification of the visitation order from a default judgment.

Visitation and support are different issues. Your motion for contempt to enforce payment of child support will most likely be found in your favor, but fines will seldom be the maximum penalties you ask for in your petition.

My best advise to you would be for you to hire an attorney in your area, one who is experienced in your local courts. If you hire someone who has been before Judge Brown before, they will be able to provide the information you are seeking and will know how to present your case to the Court for the best possible outcome for you.

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10/22/11, 8:52 am

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