Legal Question in Family Law in Texas
If a final decree says I can move out of state, and I do for several years but move back for year, file for a modification and increase in child support, settle out of court for my ex and I meeting in a city to exchange our child every other weekend so he gets to see her more-but the orders were not finalized and a year later I move out of state again for work and family ( remarried ), I understand I may be found in contempt. However, if according to Texas family code and my decree if I am found in contempt on this charge, I can be fined up to $500, up to six months in jail, be responsible for attorney fees my question is this: for a first time offense can I be fined $5000 in attorney fees, $5000 judicial bond, drive my child over 5,000 miles a month having to appear in person to exchange my child every other weekend, and a 180 day suspended jail sentence (suspended so long as I live up to all the financial obligation)?
1 Answer from Attorneys
What do you mean the orders were not finalized? What is the current order of the court? That is the only binding order which can affect you in the ways you describe.
If the only outstanding order of the court gives you permission to move, then those are the only terms under which an enforcement/contempt action could be filed.
If that is the case, your ex will probably move the court for further orders restricting your residence etc, but that would be an ongoing, future proceeding.
You need to get a lawyer. The provisions of the Family Code that you cite are maximum punishments that are rarely meted out, without a significant showing of bad faith.
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