PiaffePony
Junior Member
What is the name of your state (only U.S. law)? TX
What is the name of your state (only U.S. law)? TX
My ex left me and filed for divorce in January 2016. Our divorce was final February 1 this year. We have a 9 year old son together and were married a little over 9 years. He has a very well paying job and I'm self employed and work out of my home. We are both good parents and share our son 50/50. We had agreed on pretty much everything before he filed and agreed to only use one attorney to draw it up. In order for our financial arrangements to work (and be as fair as possible), I agreed to a joint managing conservatorship where he "technically" is our son's primary residences even though he spends equal time with both of us, to "shield" him from paying child support. Fine by me, I don't want his money. However, we hit a snag when I realized that meant he could dictate where our son goes to school and it would cost me a fortune in work time and fuel to make our custody arrangement work. Long story short, it was a little ugly there for a while and it's the main reason our divorce took a year.
I had to retain my own attorney after I pitched a fit that our son was basically unsupervised all day during the summer while my ex slept (he worked nights). My son has always lived in the country and was now in a neighborhood with lots of his school friends... he could go outside and play all day and my ex would've never known. So his solution was to move his brother in to watch him during the day while he slept = NOT OK.
I made it known from his very first divorce threats 3 years ago that I would lose my farm fighting him in court before I would ever let my son live with his brother. His brother suffers from PTSD as an Iraq war veteran and it caused him to become a severe alcoholic on disability. He doesn't nothing but drink large bottles of vodka and play video games all day. Even though my son likes his uncle and thinks it's "funny" when he vomits and/or passes out in random corners of the house... I feel very strongly that he doesn't have prolonged exposure to my son. His brother has also stole our car and hit another parked car and drove off.... but the worst part was when he attacked me and tried to choke me HARD (in front of my husband, my nephew and his friend).
After he moved his brother in and I found out from my son, I hired an attorney and immediately filed an emergency hearing for sole custody. I dropped it when his brother moved back to live with his other brother out of state the very next day. After that, I insisted that we include an injunction barring his brother from ever being with my son unsupervised or staying in the home or on the property while my ex has possession of our son in the final divorce decree.
My ex then agreed to honor our original financial arrangements, with him as 'primary' but restricting our son's schools to his current district....BUT only if he got to include the same injunction clause against my now boyfriend (Let's call him Tom). Long story short: We've all been best friends for 10+ years and were all room mates early in my ex and I's relationship. I've had more guy friends my entire life and I've considered Tom my best guy friend (other than my then husband) for the last 10 years... STRICTLY PLATONIC although a few people mentioned they thought he had feelings for me over the years. Our son has grown up around Tom and they get along great! The 3 of them would go off and do 'man' stuff all the time. The 2 years prior to my ex leaving, the ex went crazy and did a lot of terrible things to hurt me and our finances. Right before ex moved out, Tom told him that he was being stupid and was making a huge mistake yadda yadda... and my ex was super offended that he stood up for me, and dumped Tom... completely cut him off. Of course me and Tom have carried on as we always have and he's helped me big time with a few larger farm repairs. When I got the feeling Tom wanted more, I told him that just in case that was true, I wasn't even close to ready for any sort of relationship with anyone and I didn't want to talk about it any further than that. We left it at that and continued as normal. I did have an almost relationship with an electrician i had hired to install some lighting... he was super attractive and had a lot in common including him also going through a divorce... except his wife didn't know they were 'divorcing'...so that ended quickly.
To the point: A few weeks after the divorce was final, we got really drunk and one thing led to another. Afterwards, Tom professed his feelings with great intensity. I've always loved him as a friend.. we get along great and can talk for hours about nothing and laugh at nothing. Pleasantly surprised that we have great physical chemistry too! I can see a long term relationship with him as a possibility (expecting the worst but hoping for the best kind of thing).... except now we could never live together because of this stupid, petty injunction that I agreed to because #1 I needed the divorce to go through asap so I can ensure I got to keep my house, my business and my life. #2 The more we argued the more it cost me and #3 I honestly never thought it would be an issue... I never planned to be in a relationship with my ex husband's ex best friend.
The ex is being really really petty. Tom doesn't stay the night when our son is with me... we absolutely don't act any different from usual in front of my son...Tom doesn't try to act fatherly and is respectful of that. I don't bring Tom to any functions my ex might be at....My ex is now starting to bash Tom to our son even though a year ago, they were all best buds and the ex had no problems with it.
So my questions are:
I have substantial proof that my brother in law is a dangerous drunk which is why the injunction was included.
I have several photos of my ex, son and Tom hanging out together which further proves my ex thought Tom was suitable to be around our son.
Ex has zero proof of any wrong doings or behavior on my or Tom's part.
What are my chances of getting it removed from my decree? Is that something I can do without my lawyer?
What is the name of your state (only U.S. law)? TX
My ex left me and filed for divorce in January 2016. Our divorce was final February 1 this year. We have a 9 year old son together and were married a little over 9 years. He has a very well paying job and I'm self employed and work out of my home. We are both good parents and share our son 50/50. We had agreed on pretty much everything before he filed and agreed to only use one attorney to draw it up. In order for our financial arrangements to work (and be as fair as possible), I agreed to a joint managing conservatorship where he "technically" is our son's primary residences even though he spends equal time with both of us, to "shield" him from paying child support. Fine by me, I don't want his money. However, we hit a snag when I realized that meant he could dictate where our son goes to school and it would cost me a fortune in work time and fuel to make our custody arrangement work. Long story short, it was a little ugly there for a while and it's the main reason our divorce took a year.
I had to retain my own attorney after I pitched a fit that our son was basically unsupervised all day during the summer while my ex slept (he worked nights). My son has always lived in the country and was now in a neighborhood with lots of his school friends... he could go outside and play all day and my ex would've never known. So his solution was to move his brother in to watch him during the day while he slept = NOT OK.
I made it known from his very first divorce threats 3 years ago that I would lose my farm fighting him in court before I would ever let my son live with his brother. His brother suffers from PTSD as an Iraq war veteran and it caused him to become a severe alcoholic on disability. He doesn't nothing but drink large bottles of vodka and play video games all day. Even though my son likes his uncle and thinks it's "funny" when he vomits and/or passes out in random corners of the house... I feel very strongly that he doesn't have prolonged exposure to my son. His brother has also stole our car and hit another parked car and drove off.... but the worst part was when he attacked me and tried to choke me HARD (in front of my husband, my nephew and his friend).
After he moved his brother in and I found out from my son, I hired an attorney and immediately filed an emergency hearing for sole custody. I dropped it when his brother moved back to live with his other brother out of state the very next day. After that, I insisted that we include an injunction barring his brother from ever being with my son unsupervised or staying in the home or on the property while my ex has possession of our son in the final divorce decree.
My ex then agreed to honor our original financial arrangements, with him as 'primary' but restricting our son's schools to his current district....BUT only if he got to include the same injunction clause against my now boyfriend (Let's call him Tom). Long story short: We've all been best friends for 10+ years and were all room mates early in my ex and I's relationship. I've had more guy friends my entire life and I've considered Tom my best guy friend (other than my then husband) for the last 10 years... STRICTLY PLATONIC although a few people mentioned they thought he had feelings for me over the years. Our son has grown up around Tom and they get along great! The 3 of them would go off and do 'man' stuff all the time. The 2 years prior to my ex leaving, the ex went crazy and did a lot of terrible things to hurt me and our finances. Right before ex moved out, Tom told him that he was being stupid and was making a huge mistake yadda yadda... and my ex was super offended that he stood up for me, and dumped Tom... completely cut him off. Of course me and Tom have carried on as we always have and he's helped me big time with a few larger farm repairs. When I got the feeling Tom wanted more, I told him that just in case that was true, I wasn't even close to ready for any sort of relationship with anyone and I didn't want to talk about it any further than that. We left it at that and continued as normal. I did have an almost relationship with an electrician i had hired to install some lighting... he was super attractive and had a lot in common including him also going through a divorce... except his wife didn't know they were 'divorcing'...so that ended quickly.
To the point: A few weeks after the divorce was final, we got really drunk and one thing led to another. Afterwards, Tom professed his feelings with great intensity. I've always loved him as a friend.. we get along great and can talk for hours about nothing and laugh at nothing. Pleasantly surprised that we have great physical chemistry too! I can see a long term relationship with him as a possibility (expecting the worst but hoping for the best kind of thing).... except now we could never live together because of this stupid, petty injunction that I agreed to because #1 I needed the divorce to go through asap so I can ensure I got to keep my house, my business and my life. #2 The more we argued the more it cost me and #3 I honestly never thought it would be an issue... I never planned to be in a relationship with my ex husband's ex best friend.
The ex is being really really petty. Tom doesn't stay the night when our son is with me... we absolutely don't act any different from usual in front of my son...Tom doesn't try to act fatherly and is respectful of that. I don't bring Tom to any functions my ex might be at....My ex is now starting to bash Tom to our son even though a year ago, they were all best buds and the ex had no problems with it.
So my questions are:
I have substantial proof that my brother in law is a dangerous drunk which is why the injunction was included.
I have several photos of my ex, son and Tom hanging out together which further proves my ex thought Tom was suitable to be around our son.
Ex has zero proof of any wrong doings or behavior on my or Tom's part.
What are my chances of getting it removed from my decree? Is that something I can do without my lawyer?
