Legal Question in Family Law in Texas
My ex wife and I have a 13 year old son we have joint custody. I live in louisiana but the divorce and court order happened in arlington texas. I have court ordered visitation and since I live more than 100 miles away I have already sent her a certified letter that she signed for stating that I would be picking him up for my summer visitation from june 15-july27. I have a feeling she is going to fight me on this. She has recently started to try to keep me from talking to him and his step dad plays a big role in this too. When does she have to let me know if she is going to be willing to let me pick him up? Also if she chooses to disregard the court order and not allow me pick him up what do I need to do to enforce this? I do NOT have the money for a lawyer, yes I understand that a lawyer would be of great help but I do not have the money for one. What can I do to enforce this on my own?
1 Answer from Attorneys
Don't ask her if she plans to let you have the child. Write her a letter (paper letter - no emails or phone calls) and tell her you're coming, and that you expect her to comply with the court order.
If she refuses to let you have the child, file an application for a writ of habeas corpus. The courts HAVE to hear this within ten days.