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Trouble in TX

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mason28

Junior Member
What is the name of your state (only U.S. law)? TX

My Ex filed for divorce after 90 days of staying with her parents (I thought she was just visiting with the baby), in the county that they live in. She then took me to the cleaners, and denied me standard visitation. My attorney didn't seem to be able to argue that.

I lost my job, and decided to move closet to my son. I've been unable to find full time employment, and so I filed to reduce my child support which the judge denied. So I'm basically destitute trying to pay my child support.

I also filed contempt charges on my ex because she repeatedly violates my parental rights. The judge ignored this motion and refused to hear any evidence.

The Ex and her mother are constantly harrassing me, and taking me to court over every little thing, and getting the judge to take away my standard visitation which I finally won after 3 yrs.

Can I get a change of venue or should I just appeal this to a higher court?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? TX

My Ex filed for divorce after 90 days of staying with her parents (I thought she was just visiting with the baby), in the county that they live in. She then took me to the cleaners, and denied me standard visitation. My attorney didn't seem to be able to argue that.

I lost my job, and decided to move closet to my son. I've been unable to find full time employment, and so I filed to reduce my child support which the judge denied. So I'm basically destitute trying to pay my child support.

I also filed contempt charges on my ex because she repeatedly violates my parental rights. The judge ignored this motion and refused to hear any evidence.

The Ex and her mother are constantly harrassing me, and taking me to court over every little thing, and getting the judge to take away my standard visitation which I finally won after 3 yrs.

Can I get a change of venue or should I just appeal this to a higher court?
Its hard to say without knowing the details of the situation.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? TX

My Ex filed for divorce after 90 days of staying with her parents (I thought she was just visiting with the baby), in the county that they live in. She then took me to the cleaners, and denied me standard visitation. My attorney didn't seem to be able to argue that.

I lost my job, and decided to move closet to my son. I've been unable to find full time employment, and so I filed to reduce my child support which the judge denied. So I'm basically destitute trying to pay my child support.

I also filed contempt charges on my ex because she repeatedly violates my parental rights. The judge ignored this motion and refused to hear any evidence.

The Ex and her mother are constantly harrassing me, and taking me to court over every little thing, and getting the judge to take away my standard visitation which I finally won after 3 yrs.

Can I get a change of venue or should I just appeal this to a higher court?
On what grounds would you get a change of venue? The baby and your ex live in TX, why in the world would any other court be suitable?

Let's see about each of your lines:

- Your ex went to live with her mother for 3 months and you thought it was just a visit? Do you routinely expect your wife to move out for 3 months without checking in or seeing what's going on?

- Your attorney probably can't argue it because he/she probably isn't licensed in TX. Did you get a TX attorney? What reason did they give for denying you standard visitation? Courts routinely allow standard visitation WHEN REQUESTED unless there's a pretty good reason. Did you request it?

- The timing becomes critical and you need to prove that you lost your job before you decided to move. If you decided to move voluntarily, then the court could rule that you don't have grounds for reduction in CS. For that matter, even if you lost your job involuntarily but the job prospects are better wherever you were, then the judge could rule that it was your own actions that prevent you from having a job. So what's the story?

- Contempt charges for violating your parental rights? What are you referring to? Be specific? If you have joint legal custody, then she can make decisions without your approval, so how is she violating your rights?

- She has the right to take you to court whenever she wants to. If it becomes entirely frivolous, the court could order her to pay your legal expenses, but that's about it. They WILL NOT stop someone from suing. Besides, it sounds like she had grounds. What did she take you to court for and what was the outcome? If she took you to court to ask the court to make you follow their orders, then she has every right to do so.
 

mason28

Junior Member
Let's see about each of your lines:

- Your ex went to live with her mother for 3 months and you thought it was just a visit? Do you routinely expect your wife to move out for 3 months without checking in or seeing what's going on?
Oh I visited every weekend, and got the same line when I asked when she was coming home...I am just visiting with my folks but I want to move closer to my mother. I'd say fine, as soon as we can afford it and plan for it.

- Your attorney probably can't argue it because he/she probably isn't licensed in TX. Did you get a TX attorney? What reason did they give for denying you standard visitation? Courts routinely allow standard visitation WHEN REQUESTED unless there's a pretty good reason. Did you request it? Yes I requested it, and was told that since the child was under the age of 3 I couldn't get standard visitation. I got second and fourth

- The timing becomes critical and you need to prove that you lost your job before you decided to move. If you decided to move voluntarily, then the court could rule that you don't have grounds for reduction in CS. For that matter, even if you lost your job involuntarily but the job prospects are better wherever you were, then the judge could rule that it was your own actions that prevent you from having a job. So what's the story?
I lost my job in February 2008, after trying for several months to find something else, I moved in March of 2009. I went to court on the reduction in April of 09 and was told that since I'd been paying it that I could continue to pay it.

- Contempt charges for violating your parental rights? What are you referring to? Be specific? If you have joint legal custody, then she can make decisions without your approval, so how is she violating your rights?
She refused to put my name on the childs school enrollment form and didn't tell me where the child was attending school. She has refused to tell me when, where, etc that the child has activities. She has refused to provide me with a home phone number and I only have her mother's phone number. She refused to provide me with her physical address, and I only have her mother's address. She refuses to tell me when the child is sick, or where she takes it to the doctor. She took my son to CA and didn't tell me. She traveled to CA for a week, and left my son with her mother without telling me. I have to call the grandmother's house to talk to my son and he may or may not be there, and they may or may not answer the phone and/or allow me to talk to my son. These are the major things, and there are other things.

- She has the right to take you to court whenever she wants to. If it becomes entirely frivolous, the court could order her to pay your legal expenses, but that's about it. They WILL NOT stop someone from suing. Besides, it sounds like she had grounds. What did she take you to court for and what was the outcome? If she took you to court to ask the court to make you follow their orders, then she has every right to do so.
This last time she took me to court for failure to pay my child support so I took in a print out from the AGs office to show that I had paid all my child support and owed her nothing until sept 1st, this was on Aug 19th...the judge told me that if I was behind in child support on Dec 1st that she'd toss me in jail when I haven't been behind at all.
 

Ronin

Member
If the judge is ignoring your motions and refusing to hear your evidence as you say, then it appears you are now handling this without an attorney. Either hire a strong local attorney or expect to continue being jerked around and ignored.

Any efforts you make on your own without an attorney to change judges or venue or file appeals will be a complete waste of time.

You only have grounds to file for contempt if there are specific provisions in the decree your ex is refusing to follow. There may not be provisions that address the specific issues you have raised with why you feel she is violating your parental rights. If you have such grounds, then hire a good attorney to represent you in court.
 

mason28

Junior Member
Actually, I've had the same attorney since the beginning of this mess, and he hasn't done anything as far as I can tell...so I guess I'll look for another attorney.

However, since she has the county attorney and Wilson County is such a small county...her attorney gets heard. While my attorney is from San Antonio and basically gets ignored.
 

Ronin

Member
There are other attorneys besides your ex's attorney who will be heard in Wilson County. You just have to find one of them.

Some of these outlying rural counties don't care much for the San Antonio legal crowd. It should be cheaper to use a local attorney, who may have an office within a block or two from the courthouse.

In these small town communities there is often a pecking order of sorts among attorneys, and there are probably one or two that are in the same league or better than your ex's attorney. You just have to do some homework and talk to people and find out who those might be in your area.
 

mistoffolees

Senior Member
Oh I visited every weekend, and got the same line when I asked when she was coming home...I am just visiting with my folks but I want to move closer to my mother. I'd say fine, as soon as we can afford it and plan for it.
Please check the guidelines on quoting - your response is very hard to follow. Well, if it were me, "I'm just visiting my folks" would have worn thin after a few weeks. It's probably too late to do anything about it now, but at the time, you could possibly have argued that TX didn't have jurisdiction because she said she was visiting and had not changed her residence.

OTOH, if she was having mail sent there and got a driver's license there (which would be evidence of jurisdiction for TX), then you should have known it wasn't a visit. Again, it's probably too late.

Yes I requested it, and was told that since the child was under the age of 3 I couldn't get standard visitation. I got second and fourth
Second and fourth WHAT? If you have second and fourth weekends, that's not that far out of line. If the court proceedings say that your visitation is limited because of the child's age, you can petition for a change as soon as the child is older.

But you didn't answer the rest of the questions:
Is your attorney licensed in TX?
Did the ATTORNEY request more visitation or was that simply you asking?
Why did they initially take away your visitation? Courts generally don't do that on a whim. And how did you get it back?
A LOT depends on the specifics of the situation and if you keep refusing to answer questions, the responses will be worthless.

I lost my job in February 2008, after trying for several months to find something else, I moved in March of 2009. I went to court on the reduction in April of 09 and was told that since I'd been paying it that I could continue to pay it.
YOU went into court or your attorney did so? How specifically did you ask for a reduction? What evidence did you provide? What was the reason for the loss of your job? Do you have that in writing?

She refused to put my name on the childs school enrollment form and didn't tell me where the child was attending school. She has refused to tell me when, where, etc that the child has activities. She has refused to provide me with a home phone number and I only have her mother's phone number. She refused to provide me with her physical address, and I only have her mother's address. She refuses to tell me when the child is sick, or where she takes it to the doctor. She took my son to CA and didn't tell me. She traveled to CA for a week, and left my son with her mother without telling me. I have to call the grandmother's house to talk to my son and he may or may not be there, and they may or may not answer the phone and/or allow me to talk to my son. These are the major things, and there are other things.
Unless there's a court order specifically addressing those things, she's not in contempt. Without a court order, she's free to take the child anywhere in the country she wishes without telling you. She doesn't have to tell you those other things - it's up to you to send the school documentation and ask to be copied on records. Preventing you from talking with your son whenever you wish is not contempt unless the court says she has to. The proper way to deal with that would have been to create a detailed parenting plan which covers school, travel, babysitting, phone conversations, etc. You can't unilaterally tell her that she MUST do what you want her to do. Only the court can do that.

At least part of the problem is that you seem to have an unrealistic view of what your rights are.

This last time she took me to court for failure to pay my child support so I took in a print out from the AGs office to show that I had paid all my child support and owed her nothing until sept 1st, this was on Aug 19th...the judge told me that if I was behind in child support on Dec 1st that she'd toss me in jail when I haven't been behind at all.
I suspect that there's something missing.

OK, you were paid up by the date of the hearing. Were you behind ON THE DATE SHE FILED?

If so, she was entirely within her rights to file. Again, you don't seem to understand your rights OR her rights.

You really should have an attorney working with you. Adversarial divorces are not usually DIY affairs.
 

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