Legal Question in Family Law in Texas

Hi just a quick question i live in Colorado my ex-wife and children live in Texas my visitation rights say that i have the right to have my kids for summer vacation that i need to pick them up at her residence and when the 42 days has pass she will need to pick up the children from my residence in Colorado but she call me and told me that she was gone take me to court cause she does not have time to pick up the kids in my residence.... and if i wasnt gone take them back to her residence i was not able to pick them up for summer vacations . Thanks if any will answer my question


Asked on 5/03/11, 8:19 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I'm not sure what you are asking. Your question just does not make any sense. Sorry! However, I will try to answer your question.

If she is taking you back to court you need to be served with papers regarding the MODIFICATION. Only a judge can sign papers to change the current court orders. In order for a judge to make a change to the current orders there must be a hearing & you must have notice of such a hearing. You have the right to be notified of a hearing & you have the right to be at the hearing since you are an essential party to the case. There is a slight possibility that a hearing was held without you being notified but I doubt it.

I would call the court & try to find out from the clerk what is going on in your case.

There is a very good possibility that your ex is just bluffing.

If I were you I would want to see a CERTIFIED COPY of the new court orders with the judge's signature.

If there is no change in the court's orders than the current orders are still in place.

That said, the two of you can agree to any changes that you want to do. If you carefully read your current court orders it will probably state at the beginning of the Possession Order section that if the two of you agree that you two can do whatever you want to do & you only have to follow the Possession Order if the two of you don't come to a mutual agreement.

If you don't have a certified copy of your court order, I highly recommend that you get a copy and keep a copy for your use.

I also recommend that you talk to the attorney that you used when you divorced for assistance in understanding your paperwork. I believe that it's worth a couple of hundred dollars to call him/her and talk to your attorney for clarification of what you were ordered to do and what your ex was ordered to do.

If you don't have an attorney representing you, you need to find someone to assist you. I do not know what county you divorced in so I'm not able to assist you. I don't think that your case is in Harris county. I practice primarily in Harris County. Unfortunately, I'm not accepting new cases since my mom recently passed away.

I can refer you to PATRICIA BUSHMAN at 713-807-9405. Tell her that FRAN sent you. I rent space in her office. She normally sees her clients in person & her first appointment is free. You can try to email her at [email protected] - I don't know if she will communicate with you via email -- but you can try -- tell her that I told you to contact her. She will need your county & case number. I have no idea how much money she would charge. Her prices are very reasonable for her level of experience.

I suggest that you check on this website (www.lawguru.com) for an attorney.

There is also another website (www.avvo.com) that is very good. Both sites let you post free questions & attorneys answer questions for free. On www.avvo.com please ignore the attorney rating - it can be easily "manipulated" -- I have a 10.0 rating most months & then occasionally it will drop for no reason at all. Excellent attorneys that I know have very low ratings or no ratings because they never "claimed" their listing. So I would read attorney answers and call an attorney that seems "nice".

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Answered on 5/03/11, 9:14 pm


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