Legal Question in Family Law in Texas
I have a court order in the state of Texas to visit my daughter. I live 3 hours away from her, and everytime I tell the father I will be coming that weekend to get her, he says I can't take her, that I have to sit at his house to see her. I am afraid to take the trip with my infant child to go see my other child and not be able to get her. Can I call the police and have them go with me to his house and get my daughter if I have the order in hand?
2 Answers from Attorneys
Yes, you can ask the police to help you (ask them to meet you at the house). Don't be surprised if they say they can't do it, or don't have enough manpower, etc.
Whether the police help you or not, WRITE A LETTER (paper letter) to Dad. STOP USING THE TELEPHONE. Your letter should say:
"Dear Ex: My next court-ordered visitation begins on Friday, May 21, at 6:00 pm. I will arrive at your house at 6:00 pm on May 21 to pick up my daughter. Have her ready to go, as per the court order. I will accept no excuses. If you violate the court order by refusing to surrender her to me, I will sue you for contempt and ask the Judge to put you in jail. I will also ask for an award of attorney's fees, which will be granted [157.167(b), Texas Family code]."
And then go pick her up.
Based on what you have written, there are potentially a few variables. There are a few questions which need more specific details provided: what are the specific terms of your visitation (e.g., unsupervised or supervised); is the child's other parent supposed to surrender the child to you at a specific location - if so, where is that location; where is your surrender to take place at? Note that generally the police will not get invovled with the visitation situation and will tell you that it is a civil matter - but it may be a good idea to have a police report written showing that you attempted your visitation and was not allowed to due to other parent's failure. Which court issued the current order? You should consider consulting with a law firm to protect your rights and interest.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.