Legal Question in Family Law in Texas
Need assistance with filing contempt charges
My ex wife is supposed to bring my son home on the 27th of July. She calls and says that one of her boyfriends died and she can't send my son home until the 30th or 31st. I told her that ''one'' of her boyfriends death has nothing to do with my son not coming home and he is to be back on the 27th. I have plans.
Now she is trying to say that I accepted the arrangement and then says that he won't be back before the 1st of August or later next week - she has to get paid from a job that she did not have 2 weeks ago as she stated in court.
She told me to go ahead and file contempt charges because she is not bringing him back on the 27th as court ordered.
I need legal assistance with preparation for filing contempt charges in the event that he does not come home as court ordered. Would a lawyer be able to prepare the papers for me and I file myself. I also have medical insurance expenses that need to be filed for reimbursement.
2 Answers from Attorneys
Re: Need assistance with filing contempt charges
Most lawyers do not prepare papers for you to file on your own. That would be a violation of the Disciplinary Rules for Professional Conduct. If you want the legal services of lawyer on this matter, you will have to hire one and pay them.
Re: Need assistance with filing contempt charges
If this is the first time that you can document that his happened, my advice is to work it out with a written agreement. The agreement should recite that she refused to bring the child on the due date and state why and that she agrees to bring him on another specific date and when you will bring him back. Also have the agreement state that if she refuses to bring him back she understands she will be in contempt of court. Seems to me she is more likely to keep her word if she signs something. A written agreement would prevent her from arguing that she misunderstood you.
If you go the judge now, he may give her a warning and tell her to sin no more, especiall if this is the first time. If she keeps violating the court order and you have a stack of written agreements, the court is less likely to look favorably upon her.
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