Legal Question in Family Law in Texas

My wifes ex husband has visitation with my step sons. The ex has filed a paternaty suit for on of the boys to terminate his parental relationship. He and my wife always knew the possibility of one of the boys not being his but went on as if he was, he is now 10. In 2008 he had a dna test to find out the ten year old was not his but kept it a secret. The 10 year old now knows and feels really betrayed by the ex for not telling and because hes going to terminate the relationship. The ex says he still wants to see him. If we dont make the boy go what can her ex do


Asked on 8/27/12, 9:20 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If there's a court order in place that orders someone (your wife) to surrender the children to her ex-husband at a certain time (say Friday at 6:00), she has to do it, or she could be held in contempt.

Read the order carefully; it (probably) requires her to SURRENDER the child; it doesn't require her to force the child to go. Some women will open the door (when Dad shows up) and simply tell Dad, "Rodney is in his room; he doesn't want to go; you can go get him if you want to."

Also: Friday at 6:00 means Friday at 6:00 - not 7:00. Not 7:15. Mom has the right to insist on Dad complying strictly with the order - by arriving promptly to get the child.

By the way - he's "going to" terminate the relationship? Says who? What has Dad filed with the Court?

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Answered on 9/05/12, 1:46 am


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