Do I have a case for modifying or asking for supervised visits?

Asked 12 months ago - San Antonio, TX

Son was supposed to be returned yesterday, he was not. Called police and filed a report. He claimed he dropping him off today to me which is a day later according to court order. He has done this in the past and kept him a week at that time. Lawyer I had hired became ill and we never went to court. He is verbally abusive to our child stating things like, "I want to beat the s**t out of you." or " I want to punch you in the f***ing throat."

Attorney answers (2)

  1. Mark Allen Land

    Contributor Level 19

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    Answered . You need to hire an attorney to file both a motion to enforce and potentially to modify.It is unlikely the court is going to go to supervised visits this time, but you may be laying the groundwork for that in the future. It all depends on the evidence and the judge.

    Good luck.

  2. Jacqueline R. Kriebel

    Pro

    Contributor Level 14

    Answered . If you do not have your son back you can file a writ and get an immediate court order where the police will retrieve your son. If he's back you can file a motion to enforce and request make up time. If he's abusive you can seek a restraining order and or modify your current orders. Talk to an attorney about your options. Strategy depends on specific circumstances.

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