Legal Question in Family Law in Texas

I am a young mother that has been divorced for a little over a year now. My ex husband and I never argued over custody issues but recently I have become concerned, the past two times his dad has dropped him off with me after his weekend, it is very obvious his dad has been drinking. In the past two months or so my ex husband (his dad) has wrecked his truck twice and has a history of drinking and driving. I'm worried about my son's safety in his dad's care and I am not really sure of what to do. I also feel like I don't have evidence to do anything but what I have seen.


Asked on 4/14/10, 7:45 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

In Texas, it is a crime to endanger a child. If you hand your child over to someone whom you know is going to drive drunk with the child in the car, you are committing a felony.

On the other hand, it is a felony in Texas to disobey a visitation order (the part of the order that requires you to surrender the child to his father on Friday at 6:00 pm).

Of course, this puts you in a difficult situation.

If you have good reason to believe that he is driving drunk, invite a policeman to come to your house on Friday at 6:00 pm. Tell the police that you're concerned about the safety of your son.

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Answered on 4/19/10, 12:38 pm


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