Q: Do I need to hire a lawyer or can I file to enforce an order myself?
The custodial parent is denying me(non custodial) access to school teachers to check to see how my children are doing academic wise. She will not let me speak with anybody at the school and they are scared because there was a writ of attachment back a year ago due to her dropping the children off with me and then wanting to withdraw them from school a month later when she was done with her break from them and take them back and me denying access. The school is scared of the writ of attachment and won't give me any info. Also, she is stating that the children cannot come to my house for visitation due to her being scared of the children not returning home. When she allowed them to come the first time. we live farther than the 100 miles so Christmas break is coming up and she's saying they cannot come. Nor can I conference with their teachers. Can I just file to enforce the order myself?
A:
With respect to school, your custody decree likely contains language that gives both parents the right to consult with school officials concerning the child's welfare and educational status, including school activities, and the right to attend school activities, including school lunches, performances and field trips. It would be highly unusual for these provisions to require the permission of the custodial parent. It is not up to the custodial parent to grant or deny you access. You should provide a copy of your court order to the school and list yourself as a parent of the child, sign up for any parent portal it has on the website, register as a member of the PTA, and otherwise sign yourself up to receive information directly from the school concerning your child's school activities.
Similar, if the court has awarded you a period of the upcoming Christmas break, you should insist that the custodial parent comply with the terms regarding your Christmas period of possession. If she fails to comply, you can file an application for writ of habeas corpus or a motion for enforcement as long as you do what you are required to do under the terms of your court order.
An individual has the absolute right to represent himself or herself in a Texas court. You also have the right to rebuild the engine of your car. But you might not have the knowledge to be able to do so. Unless you are confident that you understand how to represent yourself in a court of law, it is always better to hire an attorney who has such knowledge to provide that service for you. Since this involves your children and not just a car, you should definitely budget more money than the cost to rebuild an engine.
2 users found this answer helpful
A: You need to retain a lawyer. If you have a court order they can file a motion to enforce and maybe a wrti,
A: You need to retain a lawyer. If you have a court order they can file a motion to enforce and maybe a writ.
1 user found this answer helpful
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