Legal Question in Family Law in Texas

Refusal To Return Child
The final divorce decree states 1) His times are on Tuesdays from 6p to 830p and on Friday's from 6p to 930p (didn't want son on weekends) and 2) pick up/drop off is from my house.
He asked to have our son on Friday night and bring him back Saturday afternoon @ 345p.
My ex's live in girlfriend, whom has verbally disrespected me in front of my 2 1/2 year old son, called at 3:30p on Saturday telling me my ex wasn't home yet (gone all day). She refused to return him or meet me 1/2 way. Traffic turned a 30 min drive into 45 she was not there when I arrived. I spent 90 minutes making numerous phone calls to their home number leaving messages as to my location. Finally making contact at 6p, my ex informed me that none of them were received or shown on their caller-id (answering machine states their names). Finally, after stressing that the police would be contacted (he refused to return my son or meet me 1/2 way also), my son was returned at 8p. They both (with profanity) verbally assaulted me (on phone) and my mother & fianc�e when they went out to get him.

Do I have any rights here? Since there was a refusal to return my son is this �kidnapping� in a sense?

Asked on 9/17/01, 7:01 am

Fran Brochstein Attorney & Mediator

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Re: Refusal To Return Child

Your ex-husband was in contempt of the Final Decree of Divorce.

If you live in the Houston area, please give me a call at 713-847-6000. Be sure to tell my secretary that you found me on lawguru.com

Best of luck!

Answered on 10/27/01, 10:19 pm

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