Phoenix, AZ asked in Family Law and Child Custody for Texas

Q: My kids dad thinks I broke my morality clause and is refusing to let me have them the month of July. What can I do?

I haven't received a temp custody order or anything - Can I show up and get my kids since the paper works states that is what I'm supposed to do for the month of July. Can he keep them from me?

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2 Lawyer Answers
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: If you have court order visitation show up. If he does not give them to you file a writ

Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Dallas, TX
  • Licensed in Texas

A: It is better if you have a copy of the court order, signed by the Judge. The Law says that you have to exercise your visit in order to be denied visitation. So, if you are to pick the kids up at Dad's residence, you have to go there to pick them up (even if you know he's not gonna release them to you).

Once you have the court order, you can go to Dad's house with the court order to pick up your child. If he does not release them to you, you can contact law enforcement to see if they will assist with you taking possession of your children. They will want to see the signed court order.

If Dad still does not release your children to you, you can make a report of his denying you visitation. You can do this by asking law enforcement to write and incident report. You can also stop at a nearby gas station or store and purchase something, anything. What you are wanting is the receipt with the date, time and location. This will show as proof that you showed up to pick up your children. You can do this for every day in the month of July that you show up and he denies you possession.

If Dad has an attorney (and you DON'T have one), you can reach out to his attorney, in writing, to let them know that their client is denying you visitation, and ask them to reach out to him. Keep this as records as well.

Contact Dad, in writing, via email or text, and let him know that he is denying you visitation with your kids. Do this often, but not to the point of harrasment.

You can then file an enforcement/contempt action against him and list each time you showed up to pick up your kids and when he denied you possession. This brings to the Judge's attention that he's violating the court order.

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