Legal Question in Family Law in Texas
I just moved in with my soon to be husband and his two children a few months ago. His ex wife and him have a sticky past and do not get along. Often, she sends other people to come get the children for her court ordered custody time. At first, that was fine because it was her mother or grandpa. Recently, it's been her two brothers (both who have criminal and drug backgrounds, one currently has a warrant) and they have been bringing random friends of theirs. Knowing their backgrounds and the people that they hang out with makes me feel very unsafe knowing that they know where I live. Even though none of them have ever made an actual threat, I am scared that they and/or their friends will come do something for the sake of their sister, whether it be break into my apartment, vandalize my car, or (hopefully never) hurt me and my family. Their court orders do say that the kids can be handed over to any competent adult... but who defines competent? Basically, I do not feel safe knowing that her/their sketchy friends know where we live and I'm wondering if there is any way to get it changed to where only certain people can come pick up their children. Also, whenever her brothers come to pick the kids up, the kids scream, cry, and try to hide. They hate going with them, which leads me to believe that something is going on at their mother's home.
1 Answer from Attorneys
I just left Advanced Family Law Seminar in San Antonio where your question was asked " what does "competent adult" mean? It is not defined anywhere in the State of Texas.
I would encourage you to talk to an experienced family law attorney in your county to discuss your concerns.
A guy with a warrant out for his arrest is probably not competent. If you call the police when he comes to pick up the children & there is truly an arrest warrant out for him, he will be arrested when the police show up. Of course, I assume if he is truly "bad" then your life might be in danger.
If these people are dangerous, anything you do are going to anger them and they are going to get mad. Since they are used to getting they way, they are going to blame you and they are going to take their anger out on you since they are going to perceive you as the person that has caused this problem. So anticipate that they will take their anger out on you. I assume that you have anticipated their reaction so this is why you posted this question.
Unfortunately, the court cannot protect you until they do something really, really bad. They are presumed innocent until they do something really, really bad repeatedly. Usually they can do something bad one or two times and they hands will only be slapped.
In summary, be careful and think a long time before proceeding. Unfortunately, I have heard stories of people being injured or killed in situations like yours.
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