Legal Question in Family Law in Texas

My ex had my children for visitation and allowed or failed to prevent my children from drinking. The children are 17 and 15 and the 15 year old has medical issues for which she takes medication. My ex was intoxicated as well as my children and my ex got on a motorbike with my 17 year old and wrecked into a fire hydrant. They were taken to the hospital were my ex was transported to another hospital for emergency surgery and my son stayed at the original hospital by himself. I have spoken with law enforcement and was told there was nothing I could do about this situation. I was told that Texas law says you can give your minor child alcohol and because my son is 17 there is no child endangerment. I do not have the money or means of getting the money to obtain an attorney, is there any way to save and protect my children without putting myself in contempt of the court order for refusing vistation unless supervised for their safety?

Asked on 5/08/12, 8:00 am

1 Answer from Attorneys

Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, you may consider a modification of your current order. There are specific items which would need to be properly plead and proved to show that a substantial change in circumstances has happened with either your children or your ex. You may want to consider inquiring about DWI charges and/or endangerment to a child charges being filed against your ex. You may review the firm's website or contact the firm at 281-994-4034 for more information. Additionally, dependent upon the severity of injuries to your ex and your child may be a major factor in how your ex is ensuring what is in your child's best interest. Either way, you should consult with a local law firm to protect your and your child's interests and rights.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 5/08/12, 8:44 am

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