we are not divorce i do have him on child support he does pay for it but the other day he act up and i did make a police report so i need to know if i going to get in trouble if i dont let him see than
If there is a court order defining child custody, than, yes, if you do not let your ex spouse see the children during the time of his court ordered possession, than you are in violation and can be held in contempt, resulting in jail time.
If your kids are saying they do not want ot go with him, unfortunately, and due to the fact Houston has 2 appeal courts, there are 2 different sets of burden that is imposed on the parent to have their children exercise visitation. Either way, you actually not releasing the children over to your ex spouse during his visitation is a violation.
In regards to the police report, by 'acting up' without knowing the specifics (and I am not asking for such information) it may or may not amount to family violence. If so, you can file a protective ordre against him. Also, if you feel it is necessary, than you can modify your current child custody order to restrict his visitation.
Issues of visitation and custody is to allow the children to have an on-going relationship with each parents regardless of the bad relationship that the parents may have against one another.
If you are not allowing your ex spouse to see the children because you just don't like him, than that is not enough to modify your court order and not to mention be held in contempt for not allowing him to justifiably see his children.
If you are not allowing visitation because your ex spouse is placing the children in danger or whatnot, than you may have a basis for modifying the order.
Sorry for the vague asnwer, but more facts are needed
Consult a local Houston family attorney to assist you
Good luck and wish you success
Min Gyu Kim (Peter)
The statement above is general in nature and does not constitute legal advice, and in no way be interpreted as legal advice. Consult with a local attorney in your area to receive an answer specific to your case. This information does not create an attorney-client relationship.
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