Legal Question in Family Law in Texas

My aunt divorced 5 years ago and has a 13 year old daughter and 10 year old son with her ex. Up until recently they have maintained a fairly good relationship for the kids sake. He is now remarried with a child of his own. Over the last two weeks he was upset with their daughter for something that was on her facebook. Typical teenager stuff that he felt was inappropriate for her friends to post on her facebook. Since that time he has threatened with 'I have a belt waiting for you when you come over' and went so far as to post on her facebook page 'Im so mad at you right now and I wouldnt want to be you when you come over here. You can't run'. She is terrified. She is a wonderful girl, straight A student and never is a problem for my aunt. Both kids are great kids. She is refusing to go visit him and my aunt is fearful that she will be held responsible. I understand disciplining your children but this is taking it further. Does she have to visit him knowing he is threatening her physically? What rights does she have as a 13 yr old to protect herself? She is a child that can be grounded or privileges taken away, no need to physically hit her. Please help.


Asked on 7/07/10, 9:20 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

In Texas, you commit a crime if you intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engage in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. It's a felony (sec. 22.041 of the Texas Penal Code).

It is also a felony to refuse to obey a court order (like the one that requires you to "surrender" a child at the beginning of Dad's period of visitation). Sec. 25.03 of the Texas Penal Code.

Here's what I'd do:

1. Get ready for a fight. Do a screen print of the facebook page. Marshal your evidence.

2. Write a letter to Dad. Tell him about 22.041 of the Penal Code. Tell him that unless he guarantees in writing that he won't physically punish his 13-year-old daughter, you won't let him pick her up, since if you did so, you would be committing a felony.

3. File a motion for modification that asks for an order prohibiting either parent from using physical punishment on your daughter.

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Answered on 7/07/10, 2:13 pm


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