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
Answered
  • 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.

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