Help if your Ex becomes Unstable after a Divorce

Living happily ever after is a nice story, but in many cases the term is best described in fairytales.  The fact is sometimes a marriage needs to be dissolved for the health and safety of the parents and more importantly, the children.  Unfortunately, even the most amicable divorces might bring out an altered state of mind of the former spouse.  Even if you enter into an agreement, if the other parent starts to act inappropriately, it is imperative to see a family law attorney who can help get you emergency relief.

Recently, a case ruling was just released where the father was granted relief from the mother in a child custody dispute.  The mother had contended the mediated settlement agreement (MSA) and the trail court’s order incorporating its terms contain provisions conditioning her rights of possession and access on payment of child support in violation of public policy.  She had urged that the MSA, together with all orders flowing from it, should be set aside entirely as void.  She also claimed that the trial court abused its discretion by signing an order that deviates substantially from the MSA’s terms.  However, as in most disputes that was only one side of the story.

This case involved the parents of a son born in 2015.  In February of 2016, the parents entered into a mediated settlement agreement, which named both of them as managing conservators, awarded the mother the right to determine the son’s residence within Travis County as well as both parties joint custody of the child.  The following month, the father filed a petition to modify the parent-child relationship and requested temporary orders.  He asked for a temporary restraining order preventing the mother from having unsupervised custody of the boy and from possessing a firearm when he was in her custody.  He alleged that the boy’s present circumstances would significantly impair the child’s physical health or emotional development.  The affidavit stated that the mother “has been very emotional, threatening, angry, volatile and physical, at times.”  He alleged that she denied him access on numerous occasions including one time when she punched him.  He also stated that the mother offered to let him have the son permanently because she had bought a gun and was going to kill herself.  The mother’s behavior often caused the boy much distress.  The mother had expressed that she was sad, depressed and having a hard time being a mother.

The trial court signed a “Temporary Restraining Order and Order Setting Hearing for Temporary Orders” which kept the mother from possessing the son unless supervised by his maternal grandparents, taking possession of the son from his father, contacting the father in a threatening or harassing manner, going to the father’s residence and possessing a firearm while exercising custody over the boy.  Shortly after the hearing the mother took the son to Mexico without informing the father prompting additional hearings.  Countless times the mother showed outward signs of being extremely distraught and volatile.

The court subsequently entered an additional order and mother appealed. The court first found that the mediated settlement agreement was valid, as the provisions mother challenged were severable and mother never argued for severance. The court next found mother had not presented authority or argument demonstrating the court abused its discretion in its order. The court therefore affirmed the trial court’s judgment for the father after thorough review of the record concluding that the mother’s issues lacked merit.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.