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I took my son on a cruise to Mexico and I didn't think to tell my ex-husband. Texas. Can he file contempt and i be penalized?

Weatherford, TX |

my divorce decree requires 21 day notification but it was a last minute decision when my current husband didn't go, I took my 7-year old son in his place. My ex is threatening to take my son away from me because I didn't notify him that we were going out of the country.

Attorney Answers 2


You can be penalized, but the court taking your son away is pretty harsh and unlikely to happen unless this is something you do all the time. You might get fined or have to give him make-up time, which is reasonable. More likely your husband is just threatening you. If he files, hire an attorney. Otherwise, blow him off and follow the decree going forward.

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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Mr. Hardng's advice is accurate--it's unlikely that your custody arrangement would be changed for that alone. If he's threatening that, appearing to cave in may not be a good idea, but you know the man better than we do: do you think it might help to offer a sincere apology and perhaps say you'll give him the next weekend or holiday of his choice that he otherwise wouldn't get to spend with your son to make up for this?

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I did apologize. And it wasn't his weekend to have our son when I was gone. I was gone for 7 days, Sunday to Sunday. He woudln't have had our son during that time. He wants me to keep apologizing. We did have a verbal agreement for him to have our son two weekends in a row, but since he's been so rigid, I'm going back to the 1st, 3rd, and 5th weekend standard visitation. Now he's mad about that. But I felt like I should follow the orders to the letter to protect myself from future threats.

M Elizabeth Gunn

M Elizabeth Gunn


> Well, sometimes that's just the way people are. That's why I said it might or might not be a good idea--it is if someone's inclined ro be rational, but if they're not, it might well just make them worse. > >

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