I have two children my daughter is 13 and my son is 10. My ex wife has taken both my children to a therapist for the last 4 years and she acutally choose the therapist. My daughter and her mother do not have a strong mother and daughter relationship. My ex wife and I met with our therapist yesterday so that the therapist could tell both of us that after 4 years of therapy that it would be in my daughters best interest to live with me. The therapist explained to my ex wife that for some reason she has not bonded with my daughter. My ex wife said yes should would let my daughter live with me but things would stay the way they are now until school starts. The arrangement we have now is that we alternate weeks with both kids. She basicaly wants to change nothing and just say my daughter is going to live with me. During the therapy session yesterday I wanted to put a July 1st date to make the transition of Guardianship, my ex wife refused. My daughter has contemplated suicide because of the relationship she has with her mother. The motivation for her not doing what's in the best interest for our daughter is money. I pay about $1500 a month in child support, with an upcoming July wedding with over 200 people attending I'm sure money is tight at this point in time. My ex wife in yesterday's session told the therapist directly I realize my daughter is going to make my life a living hell but she is still not willing to allow her to come live with me until the school starts. We have been going through this for such a long time and I am scared that until my daughter really hurts or kills herself will she then see what is being done to our beautiful daughter. Not only did my wife refuse to do the right thing yesterday she walked out midway through the therapy session and said " do what you have to do get a lawyer " I have an attorney that handled my divorce and he said even with the therapist recommendation letter it could take 45 to 90 days to go through the court system. I don't think my daughter can last that long I am afraid she is going to end up do something bad or even taking her own life. WHAT OPTIONS DO I HAVE PLEASE HELP
State/Country relating to question: Texas
Therapy for 4 years and I talked to my attorney last night that handled my divorce.
Dear JACUSTOMER - Your attorney is correct that it will take some time to get a court date and an order issued and knowing how crowded the courts are it could take longer than when school starts. Just because your ex agreed to when school starts doesn't mean she will keep the agreement and unless there is a court order you have no way of enforcing anything. So regardless of what was agreed to you should file a motion to amend the custody so that you have full custody. You can ask the court for an expedited hearing due to the circumstances but I cannot guarantee you that the court will oblige. You should also make certain that the therapist is willing to testify at any hearing as to her recommendations. You can't simply testify as to what she said or reported as that would be hearsay evidence and could be kept out of court.
When you file your motion you should specifically ask for an expedited hearing and spell out what you told me. You can ask for both temporary and permanent custody so that the court can order an immediate change on a temporary basis until the case can be heard in full. Sometimes when the other side is forced to get a lawyer or has a pending court date they will agree to the terms a lot faster. It's easy to tell you to get a lawyer but once you do and then they also have to get one it can make things go a lot more smoothly.
25 years experience as practicing attorney
Dave are you local and how much would it cost to obtain you services. ,
We are not permitted to represent clients from this website per our contract with Just Answer so I cannot offer any private legal services. The best source would be the Bar Association and I have included their website below for your convenience.
I am not local and in family law cases I always believe that getting an attorney who practices regularly in front of the local judges is important. Family law is based on the theory of equity and while there are specific laws regarding custody and support etc. there is a wide range of how the laws are applied by different judges and having an attorney who knows the practices of the local court can be of great assistance in cases like yours.
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