Legal Question in Family Law in Texas
my husbands ex wife called last night to say that she wants tier 8 yr old son this weekend on his scheduled visitation with us. My husband told her no it is his weekend and that is precious to him. So she told him that she has a papers from the court stating that we cant make the boy come over here if he doesn't want to (papers that she wont show us) so she stated that she will not surrender him to us this afternoon because "she cant force him to do anything he doesn't want to". she also called the daycare he attends and told them that neither he nor I can pick the boy up from there anymore (that�s where we usually pick him up) so now we have to wait for her to get home to get the child IF (that is) the 8 yr old agrees. there can't really be a court hat would say "I'm sorry but the 8yrold should get whatever he wants" ... is there??? (we are in Texas if that makes a difference)
1 Answer from Attorneys
The woman is lying to you; she has no such "papers."
Regardless of what Mom says, Dad should make it clear to her (in a calm voice) that he is coming over to pick up the child. He should turn off his phone so that she can't call him (you don't have to accept phone calls from ANYBODY); he has the right to insist that she communicate with him in writing. And then he should exercise his visitation.
If she refuses to give up the child, he can file a motion for contempt (and should).
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