Texas Father just trying to do the right thing.

[Bradley]

My daughter is 7 and her mother and I share custody of her.
I  believe that there is mental abuse.
My current wife and I believe we could provide a better home for her.
Her mother is constantly calling (every week or so) to gripe at me concerning my new wife or that she is going to deny me my rights as a father. etc... walking with her on the field during a homecoming game.
She threatens that I will pay because she basically hates my new wife even though she has done more for my daughter than she ever has.

Questions:We want an evaluation done to not only prove that we would provide a better home for my daughter, but to also prove that my wife is a genuinely good step parent and good person. We don't have the money to do a full custody battle, is this evaluation or home study a good choice.

Can my x-wife remove my new wife from extra curricular activities or from volunteering at her school


Can she put in the paper that I can only call between certain hours on certain days? I only call once a day.


Is there a  chance to get week on week off visitation? or something more that extended standard visitation which is what i have now? modified 11/04





Thanks struggling Dad...

[socrateaser]

>Questions:We want an evaluation done to not only prove that we
>would provide a better home for my daughter, but to also prove
>that my wife is a genuinely good step parent and good person.
>We don't have the money to do a full custody battle, is this
>evaluation or home study a good choice?

An eval is part of a custody dispute. Unless you file to modify custody, the court will not order an evaluation, so if youcan't afford the former, then it doesn't matter if you can afford the latter.

>Can my x-wife remove my new wife from extra curricular
>activities or from volunteering at her school?

Depends on your current custody/visitation/parenting orders. You didn't post them, so I can't interpret them.

>Can she put in the paper that I can only call between certain
>hours on certain days? I only call once a day.

Can she put in "what" paper?


>Is there a  chance to get week on week off visitation? or
>something more that extended standard visitation which is what
>i have now? modified 11/04

You must prove that there has been a substantial change in circumstances affetcing the child's best interests, in order to get a new custody hearing. Your post demonstrates no credible evidence, other than an allegation of abuse. You need more than just your word that abuse has taken place. If the child or some other disinterested adult will testify, or tell a therapist that abuse has occured, then you likely have a case. Otherwise, you don't, in my opinion.

[Bradley]

I am a joint managing conservators of the child in question. I have 1st, 3rd and fifth weekends begining with Thursday after school and ending Monday Morning when school resumes. All the rights of a parent are granted to me. The holidays and school vacations are standards. There is nothing in the current order to limit my new wife's activities. I provide Health Insurance and pay 50% of remaining bills in addition to child support. My wife is an active part of my daughters life and has taken the child to get hair cuts, dental appointments, doctor appointments, extra curricular activities and has even taken care of my ex-wifes other child from a second marriage.  My x-wife has decided she did not like the relationship that my daughter has with my wife and now is threatening me and telling me she is going for modification to include limitations by my new wife and time to call by myself to my daughter restrictions (such as the time limits).
WIll the judge agree to these modifications she proposes and  remove my wife from extra curricular activities?
Can my x-wife limit when I call my daughter?
How much does the judge listen to the child and or therapist?
Thanks Sorry for being a bad post person...

[Bradley]

In addition I also have overnight Wednesdays on the 2nd and fourth weeks.


We have a lot of documentation which we were told we could not use when we went to modify

[socrateaser]

>WIll the judge agree to these modifications she proposes and
>remove my wife from extra curricular activities?

No, unless your wife's interaction with the child is demonstrated to harm the child.


>Can my x-wife limit when I call my daughter?

Your ex has no court-ordered legal authority to limit your calls, however you have no authority to force your phone calls on your ex, so it's a standoff. If you want to avoid the controversy, then you need to file a motion to clarify on grounds that the issue is causing acrimony between the parents.

>How much does the judge listen to the child and or therapist?

I don't know the judge, but generally, a judge will give appropriate weight to credible testimony. A therapist who is willing to testify that in his/her expert opinion, the child is truthfully relating experiences of abuse, is likely to be taken very seriously by the court.

[Bradley]

My daughter asked to speak with her mother this weekend and I let her and she went outside and came back in and told me that she told her mother that I only try to have good communication with her and then her mother let her go to call her lawyer and my daughter came in crying and said her mother is going to take her away from me.
Question:We got expanded standard vistitation in Texas last year, if the xwife feels as if things are not working out with the expanded standard visitation can she take it away?
Question 2: are phone/personal conversations that are recorded admissable in court?
 Expanded standard visitation is moving from wednesday night from 6-8 to overnight and from Friday-Sunday at 6 to Thursday after school until Monday morning when school resumes.
My daughter is not helping things out because she complains to her mother about my wife and I and comes to our house and complains to us.
Thanks Texas Daddy

[socrateaser]

>Question:We got expanded standard vistitation in Texas last
>year, if the xwife feels as if things are not working out with
>the expanded standard visitation can she take it away?

Not without a court order.

>Question 2: are phone/personal conversations that are recorded
>admissable in court?

Depends on the combination of facts and state laws involved.

What exactly do have that you want to try to offer the court?
Who are the parties to the conversation?
Where were the parties located when the recording was made?
Who made the recording?
Did anyone announce in advance that the recording would be made?

>My daughter is not helping things out because she complains to
>her mother about my wife and I and comes to our house and
>complains to us.

Look, if your daughter is not getting along with your new spouse, then you're gonna have an impossible time winning anything in court. You need to get some counseling with yourself, and your child and possibly with your new spouse in order to try to resolve the issues and get everyone in a better frame of mind. This is not a legal issue and the court is not gonna be able to help you.

[Bradley]

My step daughter and my new wife get along great, it is the ex wife and the new wife and the ex wife and me that don't get along. My new wife is great with my daughter.
I am not the one that is recording conversations my ex wife is. She is recording my daughter at home about no one was notified about the recordings either.
Sounds as if I better get an attorney, my ex wife says I am not allowed at my daughters extra curricular activities as well.

[socrateaser]

>My step daughter and my new wife get along great, it is the
>ex wife and the new wife and the ex wife and me that don't get
>along. My new wife is great with my daughter.
>I am not the one that is recording conversations my ex wife
>is. She is recording my daughter at home about no one was
>notified about the recordings either.
>Sounds as if I better get an attorney, my ex wife says I am
>not allowed at my daughters extra curricular activities as
>well.

Can't argue with your getting an attorney. Do it.