Legal Question in Family Law in Texas
I have joint custody of my son. My ex-wife's lawyer advised her not to return him against court orders.
She is upset that i enrolled him into pre-k. we live in different counties. I informed her before and afterwards what my intentions were. She accused me of going against her parental rights. I told her if she talks to her lawyer to work something out i could just as easily unenroll him if need be but i had to enroll him before the end date. her areas date had already come and gone.
on the morning my son was supposed to be returned she sent a text with "I have been advised by my lawyer not to return our son to you. also not to have any further contact till we work something out in court" I went to her apt. with the police to retrieve my son but they couldnt since its a civil case. I know her lawyer has no authority to go against court orders. What are my options to get him returned?
Additional information
This all started 8/24/14 10am and today i still do not have my son 8/25/14 8pm. I want to know what steps i can take to prevent this from happening again aswell.
1 Answer from Attorneys
You need to hire an attorney to get your visitation. If your ex is primary then you should not enrolled him in school. You will need to carefully read your current court order. Normally the parent who is not primary cannot register the child in a school close to their home. It could happen but it is rare.
You did not include a zip code so I cannot tell where you live.
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