Asked in Child Custody and Family Law for Texas

Q: if I have joint custody of my kids and my ex is in jail can I go get them from their grandmother?

We have joint custody in our divorce decree. It’s uncertain how long he will be gone but the grandmother won’t answer my calls and my text. She’s not allowing me to keep my original agreement that I had with my ex husband concerning getting them for the holidays. Is there a way I can take my certified copy of our decree and go get them with the police if I have to??

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1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: You should contact your attorney to make sure that whatever you do is in compliance with your order. If she is not allowing you to see the child in violation of the order, you can file an enforcement. Our courts take violation of their orders seriously.

Typically the police do not get involved in these types of matters.

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