Legal Question in Family Law in Texas

A few years ago my step son started saying I would choke him in his sleep. A CPS case was opened, investigated, closed. No truth found to his allegations. After this happened my husband didn't bring his son to the house much. We have tried to go back to a "normal" schedule but each time his son makes more comments (the last time he said I called him stupid, which was not true). So now we have decided that unless my husband is home, his son will not be there (my husband works most Saturdays). My husband's ex is trying to force her son to come over every 1st, 3rd and 5th weekend per the divorce agreement and says if he doesn't get his son on Friday at 6 she will take us to court. She says she doesn't care if my husband is home or not and that he needs to get another job to be home on Sat. What, legally, could a judge do if we don't get my step son on Friday? We are not breaking a law, are we? My husband works and can't pick him up. His ex is recently divorced, just moved in a new boy friend and basically wants every other weekend w/out kids. We have no problem picking my step son up on Sat night after my husband gets off of work, but his ex is saying if we don't get him on Fri that she's going to court. What should we do?


Asked on 2/15/12, 12:58 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

There is no contempt action for a father NOT exercising his visitation. It's a privilege, not a duty. Your husband's ex-wife is an idiot. Tell her I said so.

Read more
Answered on 2/15/12, 2:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas