Legal Question in Family Law in Texas
My ex wife has decided that she has the right to decided when my children (Son 10, Daughter 13) come down for summer vacation. We live more than 100 miles apart and I have already submitted my notice of possession for june 11th 2011. Can she keep them until she wants to send them down, or is she required to surrender them on the date requested? (Texas Standard possession order.)
1 Answer from Attorneys
She has to follow the specific terms of the order, and if she doesn't, you can sue her for contempt.
Here's what I'd do if I were you: Get a lawyer to draft a motion for contempt AND an application for writ of habeas corpus (he should stamp them "DRAFT"). Mail them to the ex-wife with a cover letter that says that you will be at her front door on June 11 at 6:00 pm to pick up the children. Tell her that if she doesn't surrender them in accordance with the court order, you will file the enclosed pleadings at 8:00 am on June 13.
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