Legal Question in Family Law in Texas
Jailed over contempt of court, custody and visitation orders, etc...
This is for a family member of mine currently serving 30 days ''straight'' in the Potter County, TX jail for contempt of court via failure to notify the court of change of address with regards to a divorce decree.
The divorce decree give this individual joint conservatorship over her three children. The original petitioners were the biological father/ex-husband (who is now in prison and was at time of divorce) and the fraternal grandparents. They also have joint conservatorship. They keep two of the children full time, she keeps the youngest. There are visitation schedules outlined as agreed. The mother never had a lawyer and most likely did not understand the divorce orders.
The summer posession by the grandparents of the youngest child for 30 days begins on 6/1. The mother will still be in jail. We are pretty sure as soon as they get the child for the 30 days they will file a motion to get full custody.
Questions:
Is the sentence for contempt excessive in this case?
What can she do with little to no money?
What are the legal statues w/ regards to divorces signed with no legal representation for one party while the other party had council, ie reversal?
Have more info but no more space to write it. Thank you.
1 Answer from Attorneys
Re: Jailed over contempt of court, custody and visitation orders, etc...
This is way too complicated for an email. Being held in contempt and jailed for 30 days for not providing her address tells me there is a lot more going on here than just not providing her address to the Court. See if you can find a good family law attorney in Potter County who will sit down on go over the case with you, but from what you have described, the grandparents don't need to wait until summer possession starts to file to get the 3rd child.
You didn't say how long it has been since the divorce, but it is extremely unlikely that the divorce itself can be appealed. One, not having legal representation is not an excuse, and two, it has probably been too long. What can be changed is the terms of possession, access, conservatorship, and support. Again, talk to a local family law attorney.
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