Legal Question in Family Law in Texas
Child endangerment/denial of visitation
I was arrested for DWI in DEC. I had my son w/ me who I have joint custody of. I was charged w/ felony child endangerment(no he was not hurt /no accidents)My ex refuses to let me see him.I am on antabuse and am actively involved in my recovery. I go to 12 step 2 times a wk. Can he take away my rights? I miss my son. I am getting help.I am remarried and have 2 other small kids. I am a stay at home mom. I can't drive(no license)..I am going to start taking the cops over to get him on my wkends.My ex refuses to talk to me and would not even let my son call till recently. What can he do legally in court?
2 Answers from Attorneys
Re: Child endangerment/denial of visitation
Which judge is it? Sometimes it helps to know the judge in cases like this. Here where I live in San Antonio (Bexar County) this is the case. You can easily make the arguments that you are making before the judge with the help of your attorney. Being that you are a stay at home mom raising two other children the judge should look favorably on you. Hope this helps. If in doubt see your attorney.
Re: Child endangerment/denial of visitation
Judges are different in different parts of the state, but in Austin the judge is going to want to do what is necessay to protect the child. They will not disallow your visits, but they might restrict them (such as supervised or limited duration) until you have proven yourself. You should try to get the criminal charge dismissed at all costs. Given what you are doing, I think a judge will look favorably on your chances.
The good news is that judges very much seem to believe in redemption in the long run. If you keep clean and perform all that you are now doing or that may be required of you later, then you have a good chance of getting back to where you were. Do what is asked of you even if you don't want to. Failing to follow court orders will be looked at as putting your own desires or convenience ahead of your son.
On the other hand, your ex-wife's failure to follow the court decree could get her in contempt of court. You should insist on all of your visits.
Good luck.