Legal Question in Family Law in Texas

My son's dad has notified me that his "fiancee' will be pick him up this week (I do not know who this person nor have I or my son ever met her) He only states through a text message that "his fiancee" no name of person will be picking him up. Can I ask to she her ID and request where she is taking him? What should I do?


Asked on 6/11/13, 2:43 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You can use your common sense.

You don't state how old your child is. Ask the child - do you know daddy's fiancee'?

Does your child recognize this person?

I would never surrender my child to some stranger?

I would text your ex & tell him that you are going to ask for her driver's license & proof of insurance & make sure the vehicle has current inspection and that you want her to have a xerox to leave with you. You will also be taking her photo when she arrives. If she won't let you do this that you won't surrender the child to her.

If the child needs to be in a car seat that if she does not have a car seat, then she can't take the child. I would take this person's photographer. If she refuses, then refuse to surrender the child.

If she smells of alcohol, don't surrender the child -- use your common sense.

You can always call the police, constable or sheriff and ask them what you should do.

In fact, you can call them now - in advance - and ask them what you should do.

You don't want a "scene" when she shows up.

I hope this helps.

I assume that you have a certified copy of your current court order. If not, get one today!

It sounds like you need to have a family law attorney on speed dial. I'm sorry that the two of you are having problems.

I only mediate these days. If you need a mediator, call me at 713-847-6000. If the two of you want to work things out -- I charge $500 for 4 hours of mediation. It's cheaper than litigating.

Good luck!

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Answered on 6/13/13, 9:06 am


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