What to do if my son has a court order to get his daughter every weekend but he has not been able to because his ex-girlfriend doesn’t allow him to and hasn’t for the last 7-8 months?

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What to do if my son has a court order to get his daughter every weekend but he has not been able to because his ex-girlfriend doesn’t allow him to and hasn’t for the last 7-8 months?

He does pay child support for the child. Can he get in any trouble because he wants to keep her for the weekend as the order states?

Asked on November 2, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The court order will control.... regardless of how the ex-girlfriend feels about it.  If the visitation schedule permits him to have the child for the entire weekend, then he can pick the child up as set out in the order and return the child on Sunday, as ordered.  He will not get into trouble for complying with an order.

If she is refusing to allow him access or visitations with the child as set out in the court order, then your son has two other options.  The first is to file a motion to enforce with the court that issued the original order.  He can also ask the court to hold her in contempt or award him make-up time with the child.  His second option is to file a complaint with his local law enforcement for "interference with child custody."  Some agencies don't like these cases because of the civil overtones, but it is a state jail felony in Texas.  If he keeps calling or working his way up to ladder to insist that they file a valid charge, then the threat of a felony record may be enough to get the ex-girlfriend's attention and let her know that an order is an order--- and she's not the judge.

If you go the modification route, consult with a family law attorney. 


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