Legal Question in Family Law in Texas

Re: Child visitation denial

If access is denied as ordered in the divorce decree, you need to enforce the decree through contempt charges in your family court. Your decree may provide for mediation, however the decrees generally do not provide for binding arbitration, or for mediation to be used when only enforcement is sought (as it sounds like in your case). You can try to have the police assist when you pick up the child, but they may tell you its a "civil matter" and not help. You need a family law attorney to bring the motion for contempt against the custodial parent. Then it is up to the court to decide. Please feel free to contact me if needed, or call your local bar association for a referral.

Re: Child visitation denial

Mr. Teller gave very good advice. If the child/ren are teenagers who do not want to see you the court will likely do nothing but if your ex is keeping the children away from you s/he could fsce 6 months in jail plust court costs, attorney fees and a fine of $500. My suggestion is to see an attorney asap. Decide how far you want to push the issue and then file a motion to enforce. Parents rarely spend 6 months in jail but they are sometimes taken from the court in handcuffs and they spend some time in jail contemplating just how serious the courts are about having their orders followed.

Re: Child visitation denial

I liked Donald Teller's reply.

Contempt is the way to go.

Your attorney will ask that your ex-spouse be ordered to pay part of your attorney fees.

The Court will decide how much, if any, your ex-spouse should pay.

Best of luck.

If you live in the Houston area, I offer a free telephone consultation. Call 713-847-6000 and be sure to let my receptionist know that you found me on Lawguru.com.

Fran Brochstein

www.FamilyLaw4U.com