What to do if my wife wil not let me see our son?

I’ve been seperated from my wife for 6 years but am still married to her. She’s illegal but my son lives with her. I am on disability and getting ready to go back to school for PC repair. She only let’s me see my son once a month, so I see him 12 times a year. I help her with any money that I can offord. My disability is $746 per month – $450 goes to rent and the rest is what I work with her. She wants $250 per month now or she says tha I can’t see my son. Her boyfriend is illegal and doesn’t work and now she’s pregnant. What am I to do?

Asked on November 8, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file for divorce and ask for custody of your son-- or at least ask for standardized visitations-- which is the first, third and fifth Friday of every month.  Child support will be set by your income, not the whim of her demands.  If she still continues to give you problems with visitations after a final order is entered, then you will have a vehicle for enforcement, either through civil contempt or by filing the criminal charges of interference of child custody.

Considering your financial state, however, paying for an attorney right now is going to be a bit challenging.... so you have a couple of different avenues.  First one is to take the support she is demanding and use it to make payments towards a family law attorney.  Your second option is to contact your local or county legal aid program-- since you are on disability, you will probably qualify for free or reduced rate legal services.  The clerks of the court will often have the contact information for these types of local programs. 

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