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  1. #1
    angelcookie Guest

    Temporary Orders

    I am going through a divorce and my husband refuses to follow any of the orders. 1, No opposite sex to be around the children, which he placed in the orders by his Atty. Well, he ended up moving a woman in with him where one of our daughters is staying with him.. This has caused a lot of problems. He doesn't communicate his job schedule and my oldest which is 14 is suppose to be with me whenever he is not around which is mother first right of refusal..Yes, and he feels he doesn't have to pay child support which was ordered in the agreement as well.. He think he is above the law because he works for the City.. My biggest problem is the mind games being played on my children when they are both in his care on his weekends.. The female that is residing with him and her son has caused inconveniences for my child as well as her child.. My daughter was suppose to be home with me after school Wednesday and didn't show up.. So I first checked by her dad's apartment for her and not there and then her friends and back to the apartment.. This woman said she was not there.. Well it was 10:30p.m at night and I was very concerned for the welfare of my child and called our local police dept. After the report and all the police found my daughter at the Apt and this woman reported to the police that she spoke with me that my daughter was there.. Well, it happened again Friday the other day when it was my daughters time with me.. I went to pick her up and knock on the door and the woman's child said my daughter wasn't there.. Well, I went ahead and walked in and looked for myself which wasn't smart but did want to confirm it for myself.. Well, she was in her room..
    This is getting out of control...
    I called my police dept again.. There response is that they don't deal in civil matters when it comes to Court Orders..
  2. #2
    angelcookie Guest

    Temp Orders

    I am sorry, I failed to say what state I am from.. I reside in Tx..
  3. #3
    ktarra617 is offline Member
    Join Date
    Oct 2001
    Location
    Texas
    Posts
    945
    Angel,

    get an attorney and haul his sorry but back into court. The first thing I was told when my husband had to get an attorney was stay out of it. Courts do not like meddling girlfriends or second wives. The courts expect the parents to deal with each other. If this girlfriend is really trying to deny you access to your daughter then you need to document this and go for full custody of your daughters since your ex is not fostering your child's relationship with you. It won't matter a flip which city he works for. He has to obey the law. Report your arrears to the state of Texas. The AG's office while a little slow will get his rear for it. They don't care who he works for. they will go after your support.

    Seriously this woman has no right to anything involving your daughter. Go to court, get your child and go after his sorry but for contempt and the support.

    What part of Texas are in?

    Good Luck!
  4. #4
    angelcookie Guest

    Temp Orders

    Kt,
    I am SE. of Houston.. I am awaiting my final hearing in May.. I know that this woman as well as my daughter, and ex are apart of their schemes.. My oldest signed an affidavit because she is 14 yrs of age and wants to live w/her dad and when she found out that since her dad has broke every single order listed in the orders, she became angry and upset.. I am the discipilinarian and the one who keeps my eyes on both kids as he seems to keep there relationship on a friendship level only.. So, I am dealing with a rebellious teen to top it off.. Does anyone have any suggestions what I might need to bring to court.. I don't believe they will give me full custody cause the courts prefer children to have constant contact with both parents.. To top it all off, my husbands atty pleaded to be discharged as his attorney due to: no compensation and no communication.. I just hope and pray for the benefit of my children and their welfare that the court will see what is truly best for their interest.. Do you think I will get any arrears when I go to the final hearing plus current.. I don't know how it all works..
    Angelcookie~~
    Last edited by angelcookie; 03-05-2002 at 04:27 PM.
  5. #5
    ktarra617 is offline Member
    Join Date
    Oct 2001
    Location
    Texas
    Posts
    945
    Angel,

    First off your 14 year old may well have signed an affadavit but that does not mean if circumstances change in his home that the court will let her continue to live with him. The court will place the child with whomever has the best environment for the child, regardless of the child's age. As far as full custody is concerned just because you go for full custody does not mean he would not have visitation. I have full custody of my daughter and my ex still has vistitation.

    Do you have an existing order for child support pending the final hearing? If so then he will have to pay the support by the time of the final hearing or he may well find himself in contempt and could be looking at jailtime if he gets an unsympathetic judge.

    Now as to future arrears here's how it works. When your divorce is finalized the court will order a wage withholding order to have his support come right out of his check. Should he ever get behind you then can do one of two things, you can pursue him yourself civily and criminally. Once he's behind thirty days you can press criminal non support charges with the DA's office. However he needs to get atleast six months behind for the amount to be large enough for the DA's office to mess with it. Now if you take your case to the AG's office they will serve a wage order for your support plus extra to be held out for his arrearage. So yes if he gets behind you do stand a good chance at getting any arrearages he accumulates so long as he is employed somewhere the state can track his social. You said he works for the city so it won't be a problem getting his support from them.

    As for what you need to take to court you need to take all documentation of everything he has done during your separation, everything he has let his girlfriend and her daughter do. I would send certified letters requesting that he speak with you not the girlfriend or her daughter when you show up to get your daughter. I would also inquire as to your child support. I would be polite and to the point so that the court can see you are trying to be fair.

    As for your 14 yo she may not want to live with you but given the situation at her father's it is in her best interests if you petition the court to make her live you. The thing you have to keep in mind is the court sees her still as a child. Granted they will listen to her opinion but they may not grant it if it is not in her best interests. I don't envy you.

    Good luck and keep us posted.

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