Legal Question in Family Law in Texas
Im in texas, i have a custody agreement with my ex but she refuses to hand my son over. Judge says since there is an agreement its redundant to order her to give him to me. Says, just go pick him up. Last time I had full cutody and did that she claimed I attacked her but apartment cams showed otherwise and I didnt get in trouble. Tried to have the constables do a standby but they said get an order. What the hell can I do to get my son as per agreement? If I bring a friend she might claim forced coersion or something like that
1 Answer from Attorneys
Just go get your son. You never got a court order for possession and access so there is nothing the court or law enforcement can do for you. She's violating a contract, not a court order. You could sue her to enforce the contract, but that won't get you much. Take some witnesses with you if you're afraid of her conduct. Have one of them make a video of the entire transaction (they can do it with their phone).
What you should do is a get a court order in place. You can contact the attorney general's child support division and tell them you need a custody and child support order put in place.
In Texas, if you want court-ordered possession that is enforceable by a judge, you're going to get stuck with a child support obligation too.
So you'll have to choose between going and getting your son without disturbing the peace OR get the power of the courts behind you by getting a custody order put in place.
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