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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.