Legal Question in Family Law in Texas

I have joint custody of my child and my ex-spouse has refused me visitation on several occasions. I started filing police reports on her for refusing me visitation rights each time that i would go to pick up my child. Then after the third time she did this she admitted that to the police officer that her attorney was the one advising her not to let me pick up my daughter if I was running late. However, I would let her know each time if i was running late but i would still show up. I live across town from her and by the time I get off of work it is almost impossible for me to be there right at 6. I have to sit in traffic and let alone the drive is a distance. Is it illegal for her lawyer to be advising her to do this? And what can I do?


Asked on 2/08/12, 3:03 pm

1 Answer from Attorneys
Roger Merrill Merrill & Associates

The order specifies the time when you are supposed to pick up the child. Your spouse is not supposed to wait on you; but you are supposed to get your child. A judge will not approve of her refusing to give the child to you. Likewise, the judge will not be pleased with your being late. File a motion to modify the decree to allow you to pick up the child at a later time, e.g., 6:30. Also, you can file a motion for contempt complaining that she's there with the child and won't give you the child if you arrive late. The judge will not be happy with the spouse who is playing games since it not only hurts the other spouse but the child as well.

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Answered on 2/08/12, 7:47 pm


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