Legal Question in Family Law in Texas

My kids are scheduled to a secind visitation with their dad however my 7 and 5 year old cry and refuse to go and my 7 yr old says if he doesn't my ex-husband says he'll call the police. I'm afraid my ex-husband will call the police and @ the same time I don't want my kids to cry anymore I feel they should go when they're ready and things are not so confusing for them......Please Help.

Thank You,

Ronnie


Asked on 9/18/09, 11:23 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

It is against the law for you to subject your children to a dangerous situation - for instance, if you allowed them to play with rattlesnakes, or if abandoned them on a busy freeway.

If letting them go with their Dad for visitation would present this kind of "oh my god" situation, then you should refuse visitation. Otherwise, you are under a Court order, and if you don't comply, you could be sued for contempt.

The police will NOT arrest you for violating a court order; sometimes (not always) they will assist in facilitating the visitation, that is, if a Dad calls them for help, they will come to Mom's house and say "You need to give the children to their Dad." You will not get arrested.

Don't worry so much about the police; worry about the possibility of standing in front of a civil judge in a courtroom, and him ordering the bailiff to handcuff you and put you in jail for contempt.

I heare a judge put it this way: You tell your kids when to go to bed. You control what they eat for supper. You tell them when to get up in the morning. So ... when you're under a Court order to give them to their father and the kids say they don't want to go, you do what a parent is supposed to do: you control your children. It's your job.

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Answered on 9/25/09, 10:37 am


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