1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Filed in TX, she now lives AZ

Discussion in 'Divorce, Separation, Annulment' started by DYoung, Mar 11, 2020.

  1. DYoung

    DYoung Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    I want to find out what my rights are regarding my daughter. I live outside of Houston, TX. My (ex) wife filed for divorce in Goldwaite, Mills Co., TX along with child support but once she filed for divorce she moved our daughter to AZ to live with her mom. (06/2019), under the pretense of going on vacation. And then in 08/2019, after the last day we went to court for child support, which I still don't know if they are final or temporary order. I was informed later that week, when I tried to set up my first visitation with my daughter, I was told that my daughter now lives in AZ with my ex MIL and I would have to contact her to set visits with my daughter. And my ex at the time was still living in Mills County, TX. My (ex) MIL wouldn't answer my calls/texts after our initial contact, to inform me, visitation was between my (ex) wife and I, not her.

    I was informed through a third party over the Christmas holiday that my ex had moved back to AZ during Thanksgiving. I haven't spoken to my (ex) wife since around the court date and she refuses to answer my calls/emails/texts for me to find out if this is true or to set up any visitations. So I don't know what's going on or who to reach out to on this matter. I just want to see my little girl. Please help!
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,303
    Likes Received:
    4,813
    Trophy Points:
    113


    No one can help you.
    You must go to court and seek a visitation order.

    USUALLY that court would be the court from which you received your divorce decree.

    That COULD be Texas.

    However, if the matter wasn't resolved as part of your divorce and the mother now resides in AZ, that court might be in Arizona.

    No one, even your former MIL and your spouse is required to respond to YOUR calls, texts, emails, or even carrier pigeon messages.

    I suggest you speak to a couple family law attorneys in YOUR state and seek guidance on how you must now proceed to seek a court order granting you mandated visits with your child.

    Good luck.
     
  3. DYoung

    DYoung Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,797
    Likes Received:
    894
    Trophy Points:
    113

    I'm confused about the "ex" in parentheses. Your "ex-wife" is a woman to whom you are no longer married (typically as a result of a divorce). If the divorce is pending, then she's simply your wife (some folks like to use "soon to be ex"). It sounds like you're still married, but you should confirm that.

    Did she obtain your written consent to this move or obtain a court order? I ask because most states have automatic restraining orders that go into effect upon the filing of a divorce, and one of the common restraining orders is that neither party to the divorce may remove a minor child of the marriage from the state without the other parent's written consent or a court order. If your wife had neither of those things, then she may be subject to being held in contempt of court. Note, by the way, that I do not know whether Texas imposes this sort of order.

    To sum up, your wife still lives in Mills County, Texas, but your daughter has been living in Arizona with your wife's mother. Correct?

    I'm not sure what "help" you think folks on a message board can provide, and your post is silent about what, if anything, you've done over the last 6-8 months in response to the stuff that's been going on. I'm guessing you don't have an attorney representing you. If that's the case, you need to get one. Dealing with an interstate situation such as you described isn't going to be easy. As noted above, my guess is that your wife is in violation of one court order and maybe more than one, so the short answer is that you need to hold her accountable before the court. You need a family law attorney to help you do that.

    One other point. You didn't say how old your child is. However, if she's school age, what's to stop you from going to Arizona, picking her up, and returning her home to Texas?
     

Share This Page