Dallas, TX asked in Family Law and Child Custody for Texas

Q: Regarding my daughter’s “VERY REASONABLE” request for a TRO denying visitation from her former significant other …

(cont.) was rejected by the judge handling her case, however, a Modification hearing has been scheduled for 12/20/2022 so is she likely to be in trouble, if she has already withheld his visitation with their daughter for a “very good” reason (i.e., substance abuse) and continues withholding his visitation with their child until, at least, after the hearing takes place on 12/20/2022?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: If there is a court order awarding possession of the child to the other parent and your daughter violated that order, she can be held in contempt of court and fined or jailed for up to six months or both for each period of possession she withheld from the child’s other parent.

It is very risky to defy a court order even if you think you have a very good reason to do so.

Substance abuse by the other parent is a very tricky subject. Few courts would get excited about a parent smoking marijuana or tobacco or drinking a few alcoholic beverages. On the other hand, most courts would be concerned about a parent being arrested for DWI or DUI with the child in the car at the time.

Your daughter will want to show that the other parent’s substance abuse clearly placed the child in imminent danger of physical harm in some way.

Rafee'a S. Majeed agrees with this answer

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