Legal Question in Family Law in Texas

I currently have custody of my 5 year old with my ex husband having her on Thursday nights and he is responsible for getting her to school Friday mornings. This was a concern of mine so it was specifically entered into the decree that she must be taken to school on time. I've received calls from my child's school stating she has missed too many days. Coincidentally, these are Fridays when he was responsible for taking her. When asked about it he claims it was a "dad day". I am at risk of losing my child care assistance due to his irresponsible actions. Can I file a Motion for Contempt for this?


Asked on 1/08/10, 2:11 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You may be able to file a motion to enforce. Be sure to get documentation from your child's school regarding the absences and calls to you. Contact your divorce lawyer provide him with the documentation and the information about your child care assistance.

There are several options besides a motion to enforce that may be available to address the problem.

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Answered on 1/13/10, 8:48 am
Fran Brochstein Attorney & Mediator

You can also consider MODIFYING the current court order to eliminate his Thursday night overnights.

You will need written documention of her absences and tardies from the school.

I suggest you contact PATRICIA BUSHMAN at 713-807-9405. Talk to Jessica in her office and please tell Jessica that FRAN sent you.

Good luck!

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Answered on 1/13/10, 2:35 pm


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