Legal Question in Family Law in Texas

My daughter has been divorced for about 10 months. Her ex has paid no child support. The main concern now is that he is living with a lady and the orders stipulate I believe that that is prohibited because of his two kids 6 and 4, who visit him although my daughter has the main custody. He, the lady, and a friend they live with all smoke in the home where the kids visit. Worse, her ex confessed to her a month or so ago that he had done and dealt drugs recently. When she saw him this last weekend, he was shaking almost like he had a palsy, making her think he may be on drugs now. She would like for the safety of the kids to have supervised visitation only. Meanwhile, if she denies him taking the kids for visitation, will this count against her if/when they go to court about the whole situation? What can she do about child support, visitation, and the whole situation?


Asked on 8/06/12, 3:05 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

She would enforce the child support order through a motion for enforcement, in which she would ask the Judge to put Dad in jail.

As for the visitation: She should file a motion for modification of the visitation order, and ask for temporary orders in connection with the motion. She has a legal duty not to place her children in a dangerous situation - if she does so, she is committing a felony.

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Answered on 8/07/12, 9:48 am


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