Legal Question in Family Law in Texas

My fianc� is divorced with a 4 year old son, we've been together a year, engaged just a few months. My fianc� has 50/50 joint managing conservatorship with his ex, but he has the exclusive right to determine primary residence. This past weekend maybe 2 hours after we dropped him off with his mother, she calls him from a blocked number (she claims to have changed her phone number for "her protection"), and is screaming at him about how fun court is going to be this time around and how she does everything on her own with no help (she gets $500 a month SPOUSAL support, not child support... She asks for the check early sometimes and even asked for an advance once in the middle of the month!) She tells my fianc� she's been taking pictures of their son before he comes to us and when he gets back and that he's told her attorney that I hit him and leave marks! I work with children, get background checked yearly and I'm going to school to be a teacher. This could ruin my life! What do I do???!!


Asked on 2/05/14, 11:37 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

She is free to take photos. So are you. So take a photo of the kid at the beginning of each visit and at the end when you drop him off. If you want to really upset her, let her see you take the photos!

Judges are usually reasonable. Kids fall down and get scratches & bruises. It happens. It could happen when she has the child.

The burden is on her to show that a change is in the best interest of the child. She can only do this once a year -- unless it's an emergency.

It appears that this woman is going to try to do everything to hurt you and your bf. It is your decision if you want to be involved with this angry, hurtful woman. She will always be a part of your bf's life since she is the mother of this child. Courts do not like to terminate a person's parental rights unless it is really, really bad and there is a new person in the wings willing to adopt the child.

Yes, she is probably going to try to ruin your life. It is your decision to continue in this relationship. Harsh - but reality. She can make an anonymous CPS call any time she likes and they have to investigate it.

I suspect that things will get worst when the spousal support ends.

If she has no money, then most problems tend to go away. Be aware that no judge can "fix" crazy or angry people.

You and your bf need to talk to an experienced family law attorney in your county about what you can do to protect yourself.

I've had fiances come see me before they marry and often the couple breaks up because the ex-spouse interferes in their lives so badly. You might want to consider a pre-nuptial agreement and to keep all of your finances separate - including not filing tax returns together. If you marry, then she can try to find out things about you if you own anything jointly with your husband.

I hope this helps.

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Answered on 2/05/14, 6:59 pm


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