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  1. #1

    Default How to Stipulate to Modify a Divorce Judgment

    My question involves a marriage in the state of:Texas

    I have been divorced since May 2011. I am the custodial parent where childrens mom lives in Missouri. There are certain reasons why it is becoming too difficult for me to keep the kids all the time. I live in Dallas County and have no other family here. My job is starting to be inflicted by my responsibilities of being a single dad and I have no money to pay for food, gas, bills etc....

    At first, I won emergency juristiction and then custody (I have exclusive medical, residence and eductaion). Their mom pays me child support and has certain rights. I have in my decree no man around my children after 8 pm and there is a permanent injuction list for people she cannot have around children.

    There are certain things that really bother me about being a single parent that scares me too much...... My father died in his sleep 20 years ago and I am coming up to the age he died at. It scares me thinking that will happen to me and my kids will be helpless (being in Texas with no family around).

    We have agreed that if I decide she will have kids (in Missouri) whee there are grandparents, cousins and uncles. Also, she agreed to all my conditions (injuction list stay and no man around kids after 8pm (which is how the decree states now.)

    I said I will pay here the 330 a month in support so my kids have food.

    How do I file for a modification in our decree and make sure i don't get screwed in the long run. I want the divorce to stay here in Dallas - which can she have it transfered to Missouri since she has kids?

    Please let me know if you can help. I would like to do it pro se if possible.....

    I would think it shouldn't be that hard since we both agree and there will be no disputes.

  2. #2
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    Default Re: Divorce - Modification of Decree - Both Parites Accept

    I'm going to be brutally honest here. There is a good chance that once Mom gets custody, she'll file and have the "no men around the kids" clause removed.

    Can you type word for word - minus names - EXACTLY what your decree says?

  3. #3

    Default Re: Divorce - Modification of Decree - Both Parites Accept

    Yes I can.... Would it have to be all 30 pages?

  4. #4
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    Default Re: Divorce - Modification of Decree - Both Parites Accept

    Nope - just the "no men around the kids" part.

    It shouldn't be 30 pages. There IS a reason why I'm asking and it has to do with whether or not it would actually be legally enforceable.

  5. #5

    Default Re: Divorce - Modification of Decree - Both Parites Accept

    "Having any person with whom the party has an intimate or sexual relationship overnight while in possession of the children. Overnight is defined as any hours between 8:00 p.m. and 8:00 am ; and

    Having the children in the presence of or around any person known to have committed felony or be under the influence of narcotics, including but not limited to (there are 8 names on the injunction list).........."

    BTW: she also wants to get married and said the decree cannot mean sexual relationship with if she is married. (they have been dating for a few months now).

    Also: Does a modification of a decree - the same decree with the words "Modification of Divorce Decree" at the top and the decree with the modification....
    so basically it's the full decree and the changed text in it?

  6. #6
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    Default Re: Divorce - Modification of Decree - Both Parites Accept

    Quote Quoting daveofgv
    View Post
    "Having any person with whom the party has an intimate or sexual relationship overnight while in possession of the children. Overnight is defined as any hours between 8:00 p.m. and 8:00 am ; and

    Given that it would be virtually impossible to define "intimate" or prove "sexual", that clause might be very difficult to enforce.


    Having the children in the presence of or around any person known to have committed felony or be under the influence of narcotics, including but not limited to (there are 8 names on the injunction list).........."

    The injunction list would likely be enforceable. The other? You'd have to prove it all.

    BTW: she also wants to get married and said the decree cannot mean sexual relationship with if she is married. (they have been dating for a few months now).

    She is correct.



    Also: Does a modification of a decree - the same decree with the words "Modification of Divorce Decree" at the top and the decree with the modification....
    so basically it's the full decree and the changed text in it?

    Not sure what you're asking there.

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