Legal Question in Family Law in Texas
i have one of my kids in texas with me,he s father is trying 2 get me arrested saying i broke our court order. we had court over the phone and we have a new date in october. we've been here for 2 months. can he do that?
1 Answer from Attorneys
There is not enough information provided to properly understand the question. It sounds as if you need to get an attorney, since you have contested custody and enforcement issues. If a judge has found you in contempt of an enforceable court order, and assessed jail time for that contempt, then you may be arrested.
There are a few other circumstances, for example:
� 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person
commits an offense if the person takes or retains a child younger
than 18 years when the person:
(1) knows that the person's taking or retention
violates the express terms of a judgment or order of a court
disposing of the child's custody; or
(2) has not been awarded custody of the child by a
court of competent jurisdiction, knows that a suit for divorce or a
civil suit or application for habeas corpus to dispose of the
child's custody has been filed, and takes the child out of the
geographic area of the counties composing the judicial district if
the court is a district court or the county if the court is a
statutory county court, without the permission of the court and
with the intent to deprive the court of authority over the child.
(b) A noncustodial parent commits an offense if, with the
intent to interfere with the lawful custody of a child younger than
18 years, the noncustodial parent knowingly entices or persuades
the child to leave the custody of the custodial parent, guardian, or
person standing in the stead of the custodial parent or guardian of
the child.
(c) It is a defense to prosecution under Subsection (a)(2)
that the actor returned the child to the geographic area of the
counties composing the judicial district if the court is a district
court or the county if the court is a statutory county court, within
three days after the date of the commission of the offense.
(d) An offense under this section is a state jail felony