Legal Question in Family Law in Texas
1st x still having problems with visitations
I need advise. I have filed for a divorce and have moved to a different county (temporary).My first x and I have a 13 year old. My 1st x states that I live over 100 miles.I said I don't and even ran several maps and the mileage between our houses. We got into a big argument because he stated that I am not a map expert.(and I didn't claim to be.)Under the ordered of visitation of over 100 miles it states 1.Surrender of child by me at my residense. 2. Return of child by him However it is ORDERED that, if I and he live in the same county at the time of redition of this order, his residence remains the same after redition of this order, and my county of residence changes,effective on the date of change 0f residence by me,he shall surrender the child to me at the residence of him at the the end of each period.
At the time this took effect we both lived in the same
county. He moved first and built a home in a different county (under 100 m).Is this still valid when he moved out of the county first when this was ordered? I have attempted to talk with him about meeting half way but he would not listen. He even said if I didn't come get or son that our son would just stay with him. Please advise.
1 Answer from Attorneys
Re: 1st x still having problems with visitations
If you reside within 100 miles of each other, and he moved counties first, then your assessment is correct. Practically speaking, however, being right doesn't do you any good, if he isn't going to bring your child back home as provided in the order. You may need to get an attorney to file a Motion for Clarification and Contempt after the first occasion he does not return your child. If your ex does not believe you, then you should have the judge explain it to him. TCL
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