Desperately need advice in TX

[Baileysmom]

I am looking for advice not critisism. I have been married for 8yrs, I have 2 children. Both by my spouse. My problem is this he is never home I don't have any clue as to what he's doing. I have to hide my sons meds. from him or he will take them.(adderall) He has no regaurd for anyone but himself. He smokes in the house around the children, he cusses and uses vulgar language around the children. He brings home alcoholics and potheads to influence our children. He himself does drugs which my 7 yr old knows about and has informed people at my church. Theres much much more I just don't want to go into detail. I have been trying to maintain a moral living condition for my kids by attending church regularly. not smoking. not drinking, not doing any drugs. Making sure that my friends have the same respect. I am just tired of trying to uphold this family by myself. I need to know what rights I have. Such as will he have to pay alimony as well as child support. Can I take what I want in the house. Can I get supevised visitation for him w/ the kids? I also need to know this, we have a car but it is in his moms name as well as our money, it's in his moms checking account. I had no say so in that and still don't. How can I go about getting reliable transportation for me and my kids? I am sorry this is so long but I just moved to Texas and I know nothing about their laws. Pleeeeeease help me.

 

[usmcfamily]

GO GET AN ATTORNEY NOW and file for divorce and full custody (petition for ONLY supervised visitation on his part - site his drug habit for reasoning on this)!!!!! He will be ordered to pay child support no matter what but the alimony question would be better answered if you were to visit this site -http://texasalimony.homestead.com/ - I am unfamiliar with alimony legalities in Texas. Before you DO anything or TAKE anything go see the attorney - they give free initial consultations so you can get an idea of your game plan without it costing you - find out specifically based on your situation what you can and cannot do according to the local laws so that you don't get yourself into trouble!

 

[Baileysmom]

Thank you for replying. What about the car? Will he have to give me that car or does he have to provide me with any sort of reliable transportation. I at present have no money and no family in Texas. Even if they were here they would be of no use to me because they have no resources themselves. Thanks for the web sight. Bye

 

[Grandma B]

Since you've recently moved to TX, you most likely don't meet the residency requirement to file for divorce. If there is a women's shelter in your area, you should contact them. I think I'd start with local law enforcement. They should be able to advise you about getting a restraining order against him and could give you particulars about shelters. Good luck to you and the children.

 

[Baileysmom]

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I am not in any present danger. Just tired of the crap.I agreed to pay my sisters credit card bill if she'd loan me $1000.00 to get a car. What do you think? I have been living in Tx for a little over a year now. I am a legal res.. I just want to know if I can make him suffer as bad as he's made me suffer for 9yrs.?

 

[nailtech]

only 6months is required in texas to be able to file,... as far as alimony,.. not unless your unemployed and or uneducated its very rare (especially if your under 10 years)... your under the 10 year rule as far as his retirement so thats not going to help you (if he has any)..... if you have two vehicles most likely he will have to give you one... if one is paid off, you can fight for it(for the kids sake)... even if it's in his name... its a 50/50 state... if you file you can have him removed in about 14 days and stay in the house,(thats what I was told)... and if he is bringing in his pothead friends, yes you and the children are in danger(if the cops were to be called to your house they take the whole family in, children go to foster care, and you go to jail along with him)... in my opinion, you could turn him in, have him arrested for his drug use and then he has one strike against him(but dont do it at your house)but the you get nothing if he's in jail.... (if it were me) I would use the money your getting from your sister and file for divorce if that is your decision... forget about the car, protect your children and yourself.... you can have him pay your bills while the divorce is pending... that will allow you time to get on your feet and get a car... ( this is just my opinion)...