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01-30-2010, 09:00 PM
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Junior Member
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Join Date: Jan 2010
Location: Boerne, Texas
Posts: 4
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Father wants rights to his kids!
My husband needs help with getting more visitation rights to his children. During the divorce he did not have a lawyer, and everything was ruled in her favor, because he had no one to fight for his rights!
She is in control of everything! she is making visitation so difficult for him, and we are trying to fight for his rights, but we cannot afford a lawyer.
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01-31-2010, 12:59 AM
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Junior Member
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Join Date: Jan 2010
Posts: 2
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understand your problems...
When my husband had to fight his ex over his daughters, it seemed the courts automatically favored the mother. Three lawyers, $40,000+ later: we realized that we could do most of it by ourselves by studying the statutes and filing the motions. The attorney we had was great to get the ball rolling, but after that we simply couldn't keep paying the retainers for no progress. We accomplished more on our own. We filed a motion for mediation, got in front of a mediator and got things done. When the ex wouldnt' cooperate with mediation, we went in front of the judge and requested arbitration. The arbitrator looked at emails, receipts, conferred with counselors and an agreement was finally reached that satisfied us and was best for his daughters. Don't give up. Visitation orders are rights to see your children, if the wife doesn't allow the order visitations, take her to court because she is in the wrong!
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01-31-2010, 05:08 AM
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Senior Member
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Join Date: Dec 2007
Location: USA
Posts: 1,542
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Undertaking legal challanges without an Attorney or at least legal advice is unwise. Is there an existing visitation order? If so and Mom is violating it Dad (not you) can go to court and file for contempt
__________________
Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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01-31-2010, 09:07 AM
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Junior Member
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Join Date: Jan 2010
Location: Boerne, Texas
Posts: 4
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father needs his rights
Yes there is already an order, but here is a little history to go along with the case at hand.
My husbands ex is 33 and my husband is 23, my husband was 17 years old when she married him and she was 27. When they married, they had only knew each other for not even a few days, they met online and he came to Texas because he was in a difficult situation at home, so she asked him to come to Texas and marry her. First of all, why would you marry a 17 year old boy? That in itself is wrong in my opinion, not to mention she already had been married and divorced and already had 2 children. So, what kind of woman is going to bring a 17 year old boy into her home and bed that she herself has never met and bring them to live with her and her 2 young children? I am sorry, but I do not see that as normal.
During the time that my husband and her were discussing divorce she was fine with it, but she would also try and convince him many times that he just wouldnt be able to financially handle a divorce and would try to convince him otherwise, but he made up his mind and did not want to be married to her anymore. He did not want to make it ugly. At this time my husband and I were friends, well she found out about me and assumed that her husband had been cheating on her, even though they had already been talking about divorce. So, she left ugly messages on my myspace and told me how they were never divorcing and how it felt to be cheated on, and how ugly I was, and of course, she would always call my husbands cell phone, non-stop. Then a few days later she persisted to call my home and make phone calls to my family! about how she and her husband were still sleeping together and how they aren't getting a divorce, and she was so upset about this! well anyway, she ended up finally filing for divorce because that was what my husband was going to do, and she didnt want it to come from him.
So she used the income tax money that he had worked the entire year for, to pay for an attorney for her. She then insisted that my husband get supervised visitation for his child, her reasoning was because she claimed that my husband had little contact with their son for about a month. And during the time before the divorce was filed and signed, she moved herself and her children up to a town almost 3 hours away. So, in order for my husband to get to see his children he would have to drive all the way up to San Angelo and see his kids for a few hours. And she knew that he was having financial problems, she knew that it would cause a struggle for him to see his kids. Well, almost 2 years went by and he was not able to see his son because of financial reasons, but during that time he would always ask his ex if she would send him current pictures of his kids, she would send a few. Then around this last November my husband and I were starting to make a little more money and he tried to call the supervised visit program and they no longer provided it, so my husband spent weeks trying to look up a program. We found one, we set up the date to start visitation, and it was almost an exact halfway drive between the two of them. We went to the visitation, his son seemed to instantly know that my husband was his father, and the rest of the time they bonded so well together, and then the program wasn't able to do our visits. So then we were back to square one, his ex offered to have her mother "supervise" a visit. That went okay, it was still kind of uncomfortable. My husband had to beg his ex to let him do unsupervised visits. Well she did, except everything had to be under her terms. My husband is allowed a maximum 5 hours between the hours of 9-6 Saturday and Sunday, she will not allow him to have any overnight visits, she is trying to drag this out as long as she possibly can, she said that overnight visits can be introduced in around a year if the kids seem to be adjusting well. But we see that his son has adapted very well and loves his father and wants to be with him, he just turned 4, and we have to do all of the driving there and back, that is setting us back financially. My husband and I want to get legal help, but we cannot afford it. He wants to have it modified so that way it is not only under her terms.
he and i spent almost 3 hours writing down what he would like to have modified, and all he is asking for his more time with his kids, and not under her conditions, cause with her she is going to drag out this thing as long as she can.
I just do not know what we are up against, her family has money and I am sure that they will do whatever it takes to make sure that rulings go in her favor. They even told people that my husband was self centered and didnt care about his children! that is so wrong! They have no idea what he has been going through with not being able to see his kids! I want Justice! My husband couldnt afford a lawyer at the time of the divorce, so he got screwed, and now we are trying to fix what he was so naive about.
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01-31-2010, 09:10 AM
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Senior Member
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Join Date: Dec 2007
Location: USA
Posts: 1,542
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I am not going through the 1000 word novel you just wrote! If ther eis an order and the other parent is violating it the other parent can go court and seek a contempt order. He/she could also sue the other parent for these monies
__________________
Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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02-01-2010, 05:24 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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I understand that this is frustrating, but if she is going to be using an attorney, he really needs one. He will be no match for an attorney. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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