Legal Question in Family Law in Texas

Stepparent right to possession of child while husband is overseas

My husband has basic visitation rights (1st, 3rd, 5th weekend) with his son from a previous marriage. He has recently gone to Kuwait with his company to give technical support for the war. He has asked me to pick up and keep his son during his visitation weekends while he is overseas and I have a Power of Attorney. Today, his ex-wife said that I will have no rights to take her son during my husband's scheduled visitations as long as he is out of the country. She claims to have absolute custody if my husband is not here to pick him up. Their divorce decree states nothing about these circumstances, and even states that either parent may designate a competant adult to pick up and return the child. The main concern is that he has a sister that lives with us (mine and my husband's daughter) and paternal grandparents that spend much time with him during my husband's visitations. Do I have a right to pick up my stepson for the weekends, and if so, can I file a contempt of court on her for denying us those visitation rights?


Asked on 4/18/03, 12:37 am

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Stepparent right to possession of child while husband is overseas

I would call them and tell them I was showing up to pick up the child. I would then show up on time and if they did not deliver the child, I would call the police and ask the police to make a report. I would continue to do this, but calling the police ahead of time after the first day. The police won't make them give the child to you, but will be witnesses in most towns. When he returns, he can decide whether or not to push that issue. I doubt I would try to file any suit for enforcement during his absence.

I would expect that after a couple of weekends, she will realize she might just be digging herself into a hole and change her mind. You should be nice and courteous, but firm and document what she is doing.

http://www.reasonable-doubt.com

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Answered on 4/19/03, 2:32 pm


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