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Pending Divorce and my Rights as a Father

Discussion in 'Child Custody & Visitation' started by DTad121, Aug 19, 2020.

  1. DTad121

    DTad121 Law Topic Starter New Member

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    Hello,

    I am currently going through a divorce. My wife moved out a few months ago and we are currently co-parenting our 19 month old daughter. She started dating someone about a month after we decided to separate. I found out that she has been lying to me about bringing our daughter to stay the night over at the boyfriend’s place and they all sleep in the same bed as he does not have a crib/separate bed for our daughter. Now she is considering moving she and my daughter in with the new boyfriend. Do I have any legal say in where my daughter lives? I’ve never met the boyfriend and she doesn’t want to introduce me to him. I feel it is highly inappropriate for my daughter to be sleeping over there to begin with. I do have an attorney, but that is a whole separate issue.

    Thank you
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No, it's not a separate issue.

    Talk to your attorney about this.
     
    Zigner likes this.
  3. Zigner

    Zigner Well-Known Member

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    You need to discuss your concerns with your attorney. If you are not happy with your attorney, find a new attorney.
     
  4. DTad121

    DTad121 Law Topic Starter New Member

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    He never responds to any of my calls/e-mails and I am in the process of getting him dropped.
     
  5. DTad121

    DTad121 Law Topic Starter New Member

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    Sorry, let me clarify. The separate issue is that my attorney is non-responsive and I am in the process of dropping him.
     
  6. army judge

    army judge Super Moderator

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    When you've hired the new attorney, discuss all of your concerns with her/him.
     
    Zigner likes this.
  7. zddoodah

    zddoodah Well-Known Member

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    No, but you can, as part of the divorce request a non-cohabitation order. Discuss same with your divorce attorney.
     
  8. leslie82

    leslie82 Well-Known Member

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    How is an attorney a "whole separate issue?" You're paying that person for legal advice - I suggest you use them. They are the only one who can help you with this and give you the most legit answer for YOUR situation.
     
  9. Zigner

    Zigner Well-Known Member

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    He's working on getting rid of the current attorney due to non-responsiveness.
     
  10. DTad121

    DTad121 Law Topic Starter New Member

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    As stated previously, my attorney is a separate issue in itself. He has been non-responsive to any of my questions and I am in the process of dropping him for a new one. I would ask him if he ever responded to me. This thread has been of more help than he has.
     
  11. army judge

    army judge Super Moderator

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    In Texas, insofar as child custody is concerned, one parent will be named "primary conservator" of the child.

    If one parent is named the Sole Managing Conservator, the other parent is usually named the Possessory Conservator.

    Courts, however, prefer to treat parents equally naming BOTH "joint managing conservators".




    Here is an interesting and enlightening read about "custody matters" in Texas:

    Child Custody & Conservatorship

    I suggest you read it, and when you meet with your attorney you'll be able to discuss the matter of custody and let the attorney know what you desire.

    There is no way for you to know if the child sleeps in the same bed with it's parent and the paramour.

    Unless there is EVIDENCE to indicate that the child is being "molested", I'd forget that train of thought. It will only annoy some judge, and probably most attorneys.

    In fact, there is no way for you to know if the person is bedding your soon to be former spouse.

    Furthermore, what she does and with whom she does it with, is no more your concern that what you do and with whom you do it with.
     
    leslie82 likes this.
  12. leslie82

    leslie82 Well-Known Member

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    Yeah I didn't see that until after I posted...
     

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