Texarkana, AR asked in Family Law, Child Custody and Child Support for Texas

Q: Other than a Lawry, what is the best move to make, to get my boys home?

My husband left me and our two boys 6 years ago, he may show up every 6 months or every year to see them but that's it. 3 months ago, after being partially informed about a CPS case, he filed a protective order against me and took my boys from school without my knowledge. We went to the hearing and because of the opened cps case he was granted temporary custody. Since then, the case has been ruled out and closed. I get my equal rights to them until the main court date, but he won't bring them to me, I'm even supposed to get them for the summer...i barely get to speak to them but when i do, they say things like they don't belong there, that they belong with me. they think i don't love them because i haven't come to get them, but i don't have a war. We are still married but we haven't been together in 6 years. He has lived in Dallas TX since then. And he is also 17,000 behind in child support...please tell me that there is something I can do?

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

A: Ordinarily a parent whose period of possession of a child is beginning has the obligation to show up on time at the place specified in the order setting forth the parent’s possession schedule, typically either the child’s school or the other parent’s home.

If you do not have a car, you will need to secure transportation. I suggest Uber or Lyft. If you do not show up, it will appear that you do not want to exercise your periods of possession.

Under the circumstances you describe, I would make the effort to show up on time every time between now and the main hearing.

Unless the court has ordered him to bring the children to you, the onus is on you to appear ON TIME at the PLACE SPECIFIED to pick up your kids.

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