Legal Question in Family Law in Texas

I have a young son that I have spent a lot of time with. His mom and I have split up and when my son was born we were not together so a court set child support and visitation up. The mother and I did start living together tell shortly after he was born but every time we get in a argument she keeps him from me. We have been separated for years now but it still happens. This time she got mad and went and got a piece bond against me. I called the court that I got a certified letter from and had a lot of questions. The letter tells me that I'm not aloud to call her or have anybody contact her. With many more restrictions. There is no date when this ends. I asked the lady that works for the judge when I can defend my self again this she said that I don't, it's just a courtesy letter. But if she complains again I will go to jail. I have no clue what has ever been said to the judge. My son's mother and her family and good personal friends with this judge. I want to see my son but don't know what to do. The only time when I called her phone a lot was when it would be my weekend to see my son and she would ignore that fact some times her actions would be from us arguing or because she wanted to have our son for other plans she felt was more important. Thank you. I really don't know what to do


Asked on 8/24/14, 8:22 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If you have a court order that orders Mom to surrender the child to you at certain times 9which you'll find in 99% of all visitation orders), then it is enforceable by contempt. Sue Mom for contempt for every time you showed up to pick up the child (be sure to arrive on time on your Friday evenings), and ask that she be put in jail.

Refusal to obey a court order for visitation is also actionable in tort (Chapter 42 of the Texas Family Code). You can sue her for money damages in addition to the contempt action.

If you let her get away with it, she'll keep doing it. Her attitude will change when she gets served by a Constable with a pleading that asks the Judge to put her in jail for six months.

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Answered on 9/17/14, 10:00 am


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