Legal Question in Family Law in Texas
I am the custodial parent to my 11 year old son his father decided a year ago to move to the state of Indiana with a woman who he had met online they are currently not married but living together. I do not know where they reside or anything about their life in Indiana. My ex-husband has not seen my child in over a year and now he wants to get him for 4 weeks this summer bringing him to Indiana! I do not feel right as a mother letting my child go he has never been away from me this long and he has never spent more than a week with his father in 11 years! Also his father suffers from bi-polar and dosent always take his medicine as this worries me also! Can you please let me know if I am required by law to make my son go with his father? Thanks you!
3 Answers from Attorneys
If the decree (court order) gives Dad visitation for a month in the summer, and commands you to "surrender" the child (and I'm betting it does), and you don't surrender the child, you can get in trouble.
I would be in an attorney's office immediately.
Since it looks like you live in Harris county, I highly recommend Patricia Bushman at 713-807-9405.
Yes, you would be in contempt if you don't surrender this child so you need to do something right now! Don't wait!
Please tell Pat that I sent you to her. I rent space in her office.
Several things send up "red flags" for me - you don't know where he lives & bi-polar & not on his meds -- call a lawyer today!
You need to file an emergency motion seeking to modify/amend the provisions for summer access. This needs to be done immediately. Until the Court rules otherwise, the current orders compel you to surrender the child, and like the previous answers have indicated, you could, and probably would be held accountable for disobedience of the order. I would be glad to discuss the options available to you if you would contact me directly at 713-600-5500. I am a board certified specialist in the field of family law.
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