My ex's girlfriend is interfering

[2GOAWAY]

History:  My BD and I have been split up for 4 yrs.  Our son is 6yrs old.  I married 2 yrs ago.  My DH has an ex wife and 2 daughters 8 and 10 for his previous marriage.  We live in Texas.

Situation:  My BD has a girlfriend (they are not married) yet my BD says they are and my son tells me they are not and they don't live together.  I only have her cell phone number as a contact number.  And everything is communicated through her.  She is less than civil.  She has raised her voice at me.  I just don't want to tolerate anymore.

1) What can I do to keep her out of the situation?

2) My son says she call me bad names in front of him. What can I do?

3) This has gone on for over 2 years and i'm sick of it.  It's affected my health.  I've had a  miscarriage recently.

4) What legally can be done?

I'd appreciate any advice!

[socrateaser]

>1) What can I do to keep her out of the situation?

Ask the court to clarify order all communication between the actual parents, because of the acrimony between you and the girlfriend.
>
>2) My son says she call me bad names in front of him. What can
>I do?

Ask the court for a restraining order against having the girlfriend in your ex's home during times when your ex is exercising parenting time, on grounds that she is creating a hostile environment. Of course, unless your child testifies, there will be no evidence to prove your case, so this will be very difficult. Generally, having your child testify as a witness is a bad move. Judges don't like parents who drag their kids into the fray, unless there is some very serious abuse taking place.

>4) What legally can be done?

See above.

PS. If your ex says that he is married to his girlfriend, and his girlfriend agrees in open court, then they will be found to be married, as TX is a common law marriage jurisdiction. This could work against you, of course, because if the court finds a common law marriage, then it's not common law anymore, and it will be almost impossible to get a restraining order agianst the girlfriend.

[2GOAWAY]

Thanks for responding so quickly.  So, really obtaining a restraining order is not an option?  I don't want to put my 6yr old son through that.