Legal Question in Family Law in Texas
I have a modified divorce decree granting me visitations with my children. I will assume standard visitations starting January 1, 2013. I recently received a text message from my ex stating she is leaving out of the country "USA" to another country "Indonesia" for 3 weeks with our 3 children. My children attend the same school and this will obviously interfere with their school schedule before the coming holiday as well as my time spent with my children as scheduled by the courts and modified divorce decree.
My question is: Would it be wise for me to follow the necessary procedures to file for 'contempt' because of her leaving the country without discussing with me though I have not been consistent in visiting my children due to lack of personal own vehicle and late on child support?
Thank you kindly for your response.
1 Answer from Attorneys
I assume if you file on her that she will counter file on you.
How is she taking the children out of the country without your permission? What does the modification say about the passports?
I am concerned about the children missing school. This is a "big" deal! These are unexcused absences. It appears that you are in Harris County. The Harris County family judges do not like children missing school. Also, she can be called into small claims court for the children missing school.
You can ask for "make-up" visits for the time you missed at Christmas. That is what the judge will give you if you file contempt on her.
You might want to talk to an attorney. If you file contempt, the attorney will ask that she be ordered to pay part or all of your legal fees. However, if you don't visit your children often, you need to discuss this with the attorney before proceeding. A personal consultation with an attorney is required. Good luck!
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