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Custody with new wife

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trooper1

Junior Member
My state is Texas. I recently got married. My ex-wife is upset and is threatening to take me to court to modify the custody order. We are both named Joint Managing Conservators in the decree. The kids, a daughter 6 and a son 4, live with her and I have standard visitation as listed in the Family Code. When my ex found out I was living with my new wife before we (new wife) were married, she wanted to modify the order to not allow the kids overnight when my wife is present and to have them returned to her when I have to work during my periods of possession. I have been working with her because she is threatening to file contempt on me because I didn't notify her of my change of address within 5 days of my moving. Using that as ammo, she is trying to get me to modify the order to her liking. What are her chances?
I have a meeting with my lawyer next week because he is out of town.
 


Neal1421

Senior Member
trooper1 said:
My state is Texas. I recently got married. My ex-wife is upset and is threatening to take me to court to modify the custody order. We are both named Joint Managing Conservators in the decree. The kids, a daughter 6 and a son 4, live with her and I have standard visitation as listed in the Family Code. When my ex found out I was living with my new wife before we (new wife) were married, she wanted to modify the order to not allow the kids overnight when my wife is present and to have them returned to her when I have to work during my periods of possession. I have been working with her because she is threatening to file contempt on me because I didn't notify her of my change of address within 5 days of my moving. Using that as ammo, she is trying to get me to modify the order to her liking. What are her chances?
I have a meeting with my lawyer next week because he is out of town.
If it is in your order that you are to have overnights with the kids and she is not allowing it, she is also in contempt of court. The judge is not going to grant no overnights just because she doesn't want the new wife around them. Don't agree to it.
 

Mbarr77

Member
trooper1 said:
My state is Texas. I recently got married. My ex-wife is upset and is threatening to take me to court to modify the custody order. We are both named Joint Managing Conservators in the decree. The kids, a daughter 6 and a son 4, live with her and I have standard visitation as listed in the Family Code. When my ex found out I was living with my new wife before we (new wife) were married, she wanted to modify the order to not allow the kids overnight when my wife is present and to have them returned to her when I have to work during my periods of possession. I have been working with her because she is threatening to file contempt on me because I didn't notify her of my change of address within 5 days of my moving. Using that as ammo, she is trying to get me to modify the order to her liking. What are her chances?
I have a meeting with my lawyer next week because he is out of town.
I do not see a judge granting her request for your wife not being there during your visitations. You are now married to her. As for the address thing, I think she is just trying to force you to agree to her demands which you should NOT do.
 

ceara19

Senior Member
Her chances are very good for being reprimanded by the judge for being petty and controlling and for denying you your court ordered visitation.
 

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