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I have an ex husband who feels he is above our custody decree that is in place. He often takes our children on my time.

Houston, TX |

If I don't let him have his way, or if I try to stand my ground, he threatens to take me back to court. He tells me that I will lose custody of my kids entirely and that I will have to pay his and my lawyer fees. I have these threats in emails and texts.
I can't afford a custody battle and he knows that. So he uses that to scare me. He has taken my children on several occasions when he was not supposed to. I have reported each incident to the court's visitation enforcement advocate. They have had to contact him in the past to make him comply, but he continues to do these things because there hasn't been any real consequences for him.

Attorney Answers 3

Posted

Stick to the orders, call the cops if it is really getting to you... does he have grounds to claim that the Court will take your children away? As for attorney's fees, if he presses in bad faith and to harass you, the Court might award attorney's fees to you.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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Posted

How is he getting the children when it is not his time? Is he picking them up from school? If so, school needs to be notified of the custody schedule. Keep a record of when he removes them when it is not his time, and also make certain the court's visitation advocate keeps a record.

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Posted

Every case is different and based on the individual facts of the case. In this case you need a reasonable priced lawyer to enforce your rights. Please call and set a free consultation with me at 281-367-4870.

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