Legal Question in Family Law in Texas
My daughter just turned 15 and she is a habitual liar, disrespectful, spoiled little brat. My ex and my daughter are constantly starting trouble for me. 2 years ago my ex took me to court to try to take my visitation away and my daughter even lied on me to the courts. Thank God I didn't lose my visitation, but it cost me alot of money. They are both very vendictive. I have been fighting for my daughter for 12 yrs now and it seems I can't do anything right because her mom already has her playing the games to get her way. I am at my wits end now and don't know what to do (and the courts NEVER do anything to her mom about keeping my daughter from me, except make excuses for why she did it). So the past 3 months have been horrible and my daughter has been disrespecting my whole household so I took everything away from her and grounded her, well that hasn't helped any. She just says she don't care because she has everything at her moms. So finally 2 weeks ago I couldnt take anymore disrespect and lies and mouthing from her so I told her she was in trouble, so she stayed at her moms to keep from getting in trouble with me and her mom wouldnt release her to me. So when I picked her up this past week I tried something different - I spanked her on her butt (fully dressed). So now her mom is trying to say that I left bruises on my daughters butt and she is not going to let me have my daughter again until my daughter is ready to come back over. What can I do about this? We both live in TX.
1 Answer from Attorneys
No more spanking. It's not illegal and it's sometimes a good idea, but in a situation where everyone's hair is on fire all the time, all it does is fan the flames.
Unfortunately, it seems like you and your daughter need some counseling together. I don't know all the facts, but clearly the right ingredients for solving the problems are not all there.
In terms of visitation, the order is the order. Take a certified copy of your order and go to the place designated at the designated time to pick her up. When mom refuses, call the police to get it documented. Eventually, she'll either resume complying with the orders OR the police will refer the case to the DA for prosecution as criminal custodial interference.
You can always bring your own motion to enforce, but let's leave that alone until the "spanking" incident has faded away.
Good luck!!