Legal Question in Family Law in Texas

I have contacted several attorney offices in Houston and have been denied help. My divorce was finalized over a year ago and I need to find a way to modify the existing decree. At the time my ex-wife initiated the divorce I was between jobs and I could not afford to drag out the proceedings since she knew I couldnt afford it. She was working and could afford to keep it going until I was homeless and destitute. Since then I did find work, but still can't afford to find a lawyer that can and will actually do something about the torture I am going through. My ex continues to lead me around by the nose and hold my daughter over my head. She limited the amount of time I can see her in the initial decree, and now refuses to simply be civil and allow me more time with her. I have complied by the decree up until now, but I need more time with my daughter. I work weekdays and cannot pick her up by 4pm in the afternoon. After leaving the office I dont even get up to her part of town until after 5pm, and then I am expected to have her home by 6pm. I get her 1 weekday per week, and weekends 1-3-(5). The other night I had my daughter over for the night and would have been bringing her to school in the morning. It was a night that was not agreed upon in the decree, but was an "unspoken" agreement we made about a month ago. Unspoken meaning that when I ask for something and my ex doesnt argue or rebutt it that its something she allows. When I sent my visitation calendar last month it included 2 extra nights and she didnt refuse it. The other night, at 1am after I and my daughter was sleeping, my ex shows up at my apt banging on the door with 3 police officers and took my sleeping daughter from her bed to go back to her moms house. Her actions are NOT at all for our daughters best interest, and just continues to be selfish and hurtful. She has no idea how this is going to affect our daughter as she gets older. She is only 3 now and none of this is healthy for her. I need a lawyer who will actually do something to stop this. I pay my child support, I worship my daughter; she is everything to me. I am tired of being treated like this by my ex who did nothing but hurt me and cheat on me through our nearly 8 year marriage. There has to be a lawyer out there who actually makes these issues cease because they are tired of seeing such destructive people win all the time. I need their help.


Asked on 11/14/11, 6:35 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you have a standard possession order (SPO) [e.g., 1 evening during the week and the 1st, 3rd and 5th weekend of each month]. As for your ex's prior actions, you need to be correctly logging and documenting her actions. If your court order states your possession as a SPO and then you and your ex agree to something other than what the Court has ordered, you may want to think about protecting yourself and your child's interest. You should consider consulting with a local law firm about you and your child's interests. You may contact our firm by phone (281) 994-4034 or visit our website http://www.thebrashearlawfirm.com to discuss more options.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 11/14/11, 9:00 am


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