Legal Question in Family Law in Texas

My son is 10 year age old and he spent his Christmas Holiday with his father. I was supposed to pick up him on Sunday evening. I kept calling and texting his dad to me with him to pick him up. About 10:00pm, I told his dad if he does not contact me back I will go to the police station. He called me back intoxicated as always and started hollering and told me he will bring him back on Monday evening. What can I do because he does not getting that he is hurting our son by putting him through this hoffice experience. He don't understand that he is hurting our son and not me. our divorce degee is picking him up at 6:00pm on Friday and dropping him off on Sunday at 6:00pm. He decided without consulting with me that he will keep our son until that Monday afternoon. How should I handle that?

Asked on 12/28/10, 9:35 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

If he violates a court order (usually the language is very specific about "surrendering" the child at the beginning of the visitation period and "delivering" the child and the end), sue him for contempt.

In connection with that, you can even ask for a modification of your decree that would require Dad to post a bond before he can exercise any visitation at all.

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Answered on 1/02/11, 11:06 am
Dan Kirby Law Office of Dan Kirby

You can file a Petition for Enforcement coupled with a Petition to Modify the prior decree. The judge could put him in jail for violating the order.

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Answered on 1/02/11, 3:15 pm

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