Can You Fight a Standard Child Custody Possession Order

My question involves a child custody case from the State of: Texas

My fiance has a five-year-old daughter, and the three of us live together in our new house. We just now got a letter in the mail from the father of her daughter's attorney stating that he has filed a Suit Affecting Parent-Child Relationship, in an effort to get a Standard Possession Order in place for scheduled visitation, summers, etc.

As of now, the two of them just agree on visitation schedules and things of that nature, and they've always been in agreeance on a majority of things.

I will spare too many details, but this man NEEDS limited exposure to this child. He does things that are illegal (that unfortunately he covers up well enough to hold up in court), he keyed her car three separate times because he was mad about something, he lets her do LITERALLY whatever she wants without any discipline, encourages her to misbehave in private AND public, etc. She is a completely different child when she comes home from his house, and he is VERY rude and condescending to my fiance because he feels like he is smarter than she is.

We will do whatever it takes to keep this from happening. Is there any way to fight this order? Or will the courts pretty much say "Unless you can prove he's harmful to her, we have to abide by his wishes." ?

Thank you in advance! And sorry for the long story; this just happened 30 minutes ago, so we're just both very flustered and panicky.

More or less the latter.

If Dad is good enough to have unsupervised visitation, he's good enough for joint.

And watch your step. This is your wife's battle - if Dad decides that you're interfering, it's not going to end well for Mom.

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(In fact, he's virtually guaranteed to get the SPO)

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Quoting Dogmatique

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More or less the latter.

If Dad is good enough to have unsupervised visitation, he's good enough for joint.

And watch your step. This is your wife's battle - if Dad decides that you're interfering, it's not going to end well for Mom.

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(In fact, he's virtually guaranteed to get the SPO)

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I have stayed in my lane thus far, as long as the child is not in any danger.

What do you mean 'end well for Mom?' And this isn't JUST her battle. I may not be that little girl's biological father, but I'm still her step dad, and I take care of her and do everything for her. I don't see how me "interfering" would end bad for my wife, unless of course I tried to get physical with him or something.

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I don't see how me "interfering" would end bad for my wife, unless of course I tried to get physical with him or something.

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Because from a LEGAL standpoint, you're a stranger. Getting too involved in this will be viewed by the courts as custodial interference.

LISTEN TO DOGGIE. She's a step-mom, she knows what the what is.

And what constitutes interfering? That's the part I have no idea what you guys are talking about.

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Not to mention I still haven't heard an explanation to "it won't end well for Mom" means. Sounds like an assassination almost.

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And what constitutes interfering? That's the part I have no idea what you guys are talking about.

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If Dad pitches a fit to the court about you being overly involved in this matter, that's going to be called interfering. You don't want to hear this, but you need to put your hands in the air and back away from the dispute. This IS "JUST her battle" in the eyes of the law. Once more: Legally, you are NO ONE in this situation, and you need to butt out. Dude, you're not even her step-dad, you're just the intended husband, and that's SERIOUSLY no one, as far as the courts are concerned. You are, as they say, persona non grata. Back off, before your fiancee loses custody altogether.

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Not to mention I still haven't heard an explanation to "it won't end well for Mom" means. Sounds like an assassination almost.

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It will certainly feel like one. "It won't end well for Mom" means that Dad will get his way, and Mom will get bupkiss.

And what if my fiance' could prove that this guy keyed her car and does drugs? Does the court even care about that sort of thing?

You are just not understanding this, are you? You are completely irrelevant to this equation.

Keying her car has nothing to do with custody. The court not only doesn't care, the court will roll it's collective eyes if she brings it up in court. Keying his ex's car only makes him an asshole, not an unfit father.

Drugs? What kind of drugs? Sparking up a doobie? Please. In most states, marijuana use has been largely decriminalized. More than pot? Unless he's been arrested in front of the child, the court is not going to pay your girlfriend's claims any mind.

And dude? It's fiancée. Stop calling your girlfriend a man.

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Quoting SiNNiX

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but I'm still her step dad

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You're not even that. You're mom's boyfriend. In order for you to be a step dad, you have to be MARRIED.

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Quoting SiNNiX

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I have stayed in my lane thus far, as long as the child is not in any danger.

What do you mean 'end well for Mom?' And this isn't JUST her battle. I may not be that little girl's biological father, but I'm still her step dad, and I take care of her and do everything for her. I don't see how me "interfering" would end bad for my wife, unless of course I tried to get physical with him or something.

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I'm going to try a different flavor, k?

Imagine if you will, the following conversation:

Judge: Now what brings you both before me?

Dad: I'd like to formalize my visitation and put the SOP in place, your Honor

Judge: Okay. Mom?

Mom: I don't think he should have the SOP

Judge: Why is that?

Mom: He keyed my car

Judge: Do you have anything proving that?

Mom: (it doesn't matter how she answers that one)

Judge: But despite that you've allowed Dad unfettered access, correct?

Mom: Well...yes...

Judge: Excellent. SOP will be ordered.

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Now try this one:

(same as before)

Judge: Excellent. SOP will be..

You: Your Honor I object...we are VERY wary of this guy

Judge: And who might you be?


You: I'm step..um..I'm Mom's fiance

Judge: Why do you think you are involved in this matter before us?

You: Because I love that little girl, I'm her "Daddy" when it matters and this guy doesn't deserve...

Judge: I see. Bailiff, please remove him from my court-room. Mom, your fiance appears to be doing everything he can to thwart Dad's relationship with his child. I'm going to add a "no third party interference" to that SOP. He is not to be allowed around your child unsupervised. We can address it again later and hopefully he'll have learned his place. In MY courtroom there are only two parties with any rights. You, Mom...and You, Dad. SOP is ordered with that clause, have your attorney, Dad, write it up. And Mom, if I have to tell you again, I'm going to give you the SOP while Dad is primary. Do we understand each other?

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Don't think for one second that the above can't happen.

Stepparenting is hard. You get to love the child, and in some cases provide for the child, yet you have absolutely no rights whatsoever regarding the child. If this is something that you can't handle, then walk away now.

And I'm being deadly serious there.

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Forgot one thing. Unless Mom has proof that keying the car and/or endangering the child with the drug use, she's going to have a bit of a situation on her hands.

On the one hand, if he's truly a danger, Mom has been letting her child go unsupervised to be with Dad all while knowing he's a miscreant.
If he's not, then she can't really raise the issue at all.

Think about it.