What to do if my wife wil not let me see our son?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.