Legal Question in Family Law in Texas

visitation / custody issues

I have three children, 17, 15 and 12. My ex and I have joint custody although my two oldest never go see their father nor does he want anything to do with the two of them. My children are currently in Florida visiting their grandparents and have been there since June 16th. They will return around July 8th. Our papers do state they are only allowed out of state for 7 days. He did tell my youngest that it was okay that she went and stayed longer. My ex is behind in child support $5000 and owes alot of money for medical bils for the children. I know I cannot with hold the children. I received a letter from him, not an atty, stating he wanted the kids home by July 3rd or 'further action will be taken under the contempt guidelines'. Can I send him the same letter stating that about child support and medical bills. And should I make my youngest come home early although she does not want to?


Asked on 6/28/07, 3:16 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: visitation / custody issues

Child support and visitation are two separate matters and viewed so by the Court. But, your X's failure to pay support will not win him any favor in a contempt action against you. You can respond if you wish, but I fail to see the point. If he should take legal action against you then you raise the delinquent child support issue (I don't know why you haven't done that already). The judge may "tsk tsk" you for the visitation issue, but unless it's really bad, they look at the delinquent child support issue more critically. Good Luck

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Answered on 6/28/07, 6:08 pm


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