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Need to take my daughter out of state for the weekend on family emergency but it falls on her father weekend he is a

Austin, TX |

non negotiable person, i learn to never ask him for anything because he will tell me no, just to be spiteful because im asking for something, what can i do? what will happen if i only informed him but not ask and just took her with me n tell him he can alternate weekend and have the following weekend also so we can get back on track.

Attorney Answers 5


  1. You really need to either hire an attorney or contact your original attorney b/c it is never a good idea to do anything that violates your court order b/c your ex can file a motion to hold you in contempt and there can also be serious consequences. I know it's frustrating but it's always best to be honest and let the attorneys handle it if your ex is not a very giving person. It's better to protect yourself than risk violating a court order. Good luck!

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  2. You defintely do not want to put yourself in a position to be held in contempt of court. If that happens, not only do you open yourself up for paying a fine, you could also be put in jail. Definitely not worth it. Take the advice above and contact an attorney to assist you. Best of luck.


  3. What can you do: hire an attorney and try to force the situation. Most of the time you will not have enough time for this all to take place and have a hearing.

    What will happen: If you take the child without written permission, he can file an enforcement and contempt action against you and you could (at worst) be thrown in jail, could be fined, or could end up in a custody battle. Don't do it.

    Instead, offer him two weekends for the one, or even three. Get the agreement in writing.

    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.


  4. What can you do: hire an attorney and try to force the situation. Most of the time you will not have enough time for this all to take place and have a hearing.

    What will happen: If you take the child without written permission, he can file an enforcement and contempt action against you and you could (at worst) be thrown in jail, could be fined, or could end up in a custody battle. Don't do it.

    Instead, offer him two weekends for the one, or even three. Get the agreement in writing.

    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.


  5. Your question presents a common problem with court ordered possession. The circumstances of each individual situation like yours are necessarily going to be so different from case to case that no useful information could be conveyed to you via the internet. What you really need is honest, private and confidential legal advice about the relevant laws and about the relevant court house options, and about the likely vs. possible outcomes of the different ways you might handle this situation. I have been litigating cases just like yours for over 20 years. Call me, Don Morehart, at 512-551-0404, to arrange a private consulation.

    Legal disclaimer: This answer is intended only to give you general information on the subject you've asked about and does not constitute legal advice or establish an attorney-client relationship. Questions and Answers on a web site are no substitute for professional, confidential legal advice.

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