Harlingen, TX asked in Family Law, Child Custody and Child Support for Texas

Q: Do I have to answer my exs texts and calls when he asks about our baby without a court order

Do I have to let him come around and see her without a court order if he’s emotionally and verbally abusive? Or answer his texts or calls when he asks how she’s doing?

1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: Absent a court order, both parents have an equal right to possession of or access to their child. The family law Judges would hope that both parents are able to effectively communicate and co-parent in the raising of their children. If you have substantial proof or evidence of emotional or verbal abuse, that evidence can be presented to a Judge and see if the Judge will limit access to or possession of the child.

You don't necessarily have to allow the parent access to or possession of the child without a court order; however, if your reasons of not allowing access to the child are not justifiable, then the decision to not allow access to the child may not look good for you in front of a judge.

It may be a good idea for you to schedule a consultation with a family law attorney and speak with them in more detail about your reasons for not allowing possession of or access to the child.

I hope this information helps. Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.