Legal Question in Family Law in Texas
Is a text considered written notice?
My ex-husband lives over 100 miles away and has our daughter for 42 for her summer break. I sent him a text message to inform him of the two weekends I was going to visit my daughter. I sent the text by the date specified in our divore papers. Now he is refusing to let me pick up my daughter because he said that a text message is not written notice. Is a text message considered written notice? If so, is it considered kidnapping for him to not give me my daughter?
1 Answer from Attorneys
Re: Is a text considered written notice?
Kidnapping is not an option.
The law in Texas is not specific regarding text messages. If he received them, then most courts would agree that he had "notice".
Laws are often behind technology. It's only been in the last few years that text messages became popular. I don't think the TX legislature dealt with this matter in their latest session this summer. However, I could be wrong. I don't know all the new changes going into effect in Texas.
I'd talk to an experienced family law attorney.
Happy 4th of July!
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