Legal Question in Family Law in Texas

my husband and i went to court end of last year for a modification because he lost his job and was not work and also for visitation enforcement. Modifications were done and my husband still is unemployed and now enrolled in school. He just got served this morning for not paying child support. Also, we have not been able to see his son. Everytime we go to get him she does not open the door or she is not home. We have gone with the police and have a police report. But, again she is not there. She lets us see my step son when she wants. She let us be with him right before school started and we bought him school supplies and school clothes, but now she is once again keeping h im from us and is not allowing him to call. What can we do? Can she put my husband in jail for this? Do we have to pay her attorney fees? (she s asking for this in the papers when he got served today). And what can we do about seeing him? When we do see him, he tells us that he sleeps in the floor she took his bed to give to her new husbands kids and she s never home, he s acting up and being very hateful. His mother has 6 kids and just married and her new husband has 4 of his own that are living with her aswell. he s not getting the attention he needs or help in school work, he is not being fed right, he s 10 years old in the 4th grade and he is over weight and headed for obese. We want to know if we would have a chance on getting custody of him for his own benefit. Thanks Allot


Asked on 9/01/11, 11:37 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Number one: You should file a counter-motion for contempt against HER for her refusal to allow court-ordered visitation (I assume that Dad is showing up ON TIME to pick up the child). You have to SERVE the counter-motion on her (not just Rule 21a mail service) - get it set for hearing on the same day as her motion for contempt.

The part of the order that requires Mom to surrender the child at the beginning of Dad's periods of visitation is enforceable by contempt (as is the part that orders Dad to pay money).

Yes, you can counter-sue for a modification of custody. You'll want to have around $10,000 to pay a lawyer up front.

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Answered on 9/01/11, 11:59 am


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