Legal Question in Family Law in Texas
Denying visitation a felony?
My fiance has not seen his 2 kids in 2 months due to ex denying visitation (3 contempt charges already filed, but have not gone to court yet). She has stated that these charges will not deter her from denying access again. Previous court appearance and children's guardian ad litem have determined that my fiance should have all of his visitation rights (she made false accusations in order to have visitation stripped) Texas 2000 Penal Code 25.03 states that inference with child custody in a state jail felony. Is this code applicable in this case? If so, how do we go about filing charges? She needs to be stopped!
1 Answer from Attorneys
Re: Denying visitation a felony?
I don't know what part of Texas you live in, but in Travis County, judges will sentence someone to jail in a heartbeat for failing to allow court ordered visitation. (The sentence is then usually suspended pending compliance, but they will send them to jail if they don't cooperate).
You message said that "previous court appearances...have determined" that he should have visitation. This implies that there is such an order. However, you also said that "she made false accusations in order to have visitation stripped". This implies that he has no court ordered visitation. So his situation really depends upon what the current court order says.
The above discussion refers to civil contempt. Criminal contempt is far less frequently used (it is harder to prove and civil contempt usually works just as well) but it can be used. Whether to prosecute criminally, however, is ultimately left up to the prosecutors and not the parent.
More information (and a look at the current orders) is needed to properly and more fully answer your question.
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