Legal Question in Family Law in Texas

You can ask for a temporary restraining order that cuts off visitation until the hearing.

In Texas, it is a CRIME to allow your child to be in a dangerous situation. An example: It's Friday evening at 6:00 pm. Mom has packed the bags for the children. Dad drives up in his pickup truck, and staggers out - he is obviously drunk. He can barely walk. He has a fifth of Jack Daniel's in his hand. He says, "Come on, kids, get in the truck."

Mom is under a court order to surrender the children to Dad on first, third, and fifth Fridays at 6:00 pm. Question: Should she let him take the children?

Answer: NO. Regardless of a Court order, a parent should NEVER allow her child to be in a situation that is patently dangerous to the child's physical or mental well-being. If she does so, she commits a FELONY (Sec. 22.041 of the Texas Penal Code).

Interestingly enough, it is also a felony to interfere with a visitation order (Sec. 25.03 of the Texas Penal Code).