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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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Customer Question

I live in Texas and me and my ex-bf agreed on a custody agreement (notarized) which he took to the courts, the only thing the courts agreed on was the child support amount. He and I have a history of family violence, he is very emotionally abusive and I even had on a phone recording of him admitting to the act of saying he is going crazy and going to commit suicide in front of my daughter.(this just happened while she was in his care)My point is I tried everything to get her back, he is in the military and they protect their own before anything, and yesterday he received the courts paperworkork keeping my daughter for 42 instead of the 30 says we signed and agreed on, She was supposed to be back Monday. Any suggestions on what I could do? I dont feel like she is safe there and CPS, Police or his military chain of command will not help.
Submitted: 2 years ago.
Category: Family Law
Expert:  Meigs replied 2 years ago.

meigs004 :

Hello, how are you today?

JACUSTOMER-a5zbrb9x- :

I just ok, and you

meigs004 :

Doing well, give me just a moment please, and we will discuss your situation!

JACUSTOMER-a5zbrb9x- :

Ok thank you.

meigs004 :

So the custody arrangement is filed with the court?

JACUSTOMER-a5zbrb9x- :

Yes, well it was supposed to be off of our notarized agreement but the court just picked the standard visitation right which we both just got in the mail yesterday. we bot agreed on 30 days and now witht htis new paperwork he thinks its ok for 42 days

meigs004 :

Ok, I understand. The first thing you will need to do is consult an attorney to send a letter to him explaining the custody arrangement, and how it is 30 days as opposed to his erroneous belief that it is 42. If he does not abide by the court ordered thirty days he could potentially be found in contempt of court for not complying.

meigs004 :

If he continues to keep your daughter for 42 days, you can file a petition with the court where the custody arrangement is entered and ask the court to bring him in for him to explain why he has not complied with the filed custody arrangement and for the court to impose penalties on him for his willful failure to abide by it.

meigs004 :

As far as the abuse, and the threats, if they continue, you can file a PFA, or protection from abuse action against him in your local court.

meigs004 :

Does this answer your question?

meigs004 :

IF it does, PLEASE click the smiley face :) and submit, If you have follow up questions please feel free to ask them, and I will gladly answer them for you!

JACUSTOMER-a5zbrb9x- :

Is the signed notary agreement me and him did on our own that we agreed for 30 days override the new courts visitation rules?

meigs004 :

Not if the court has entered the standard visitation arrangement. However, with that being said, you need to clearly read the standard visitation and see what the prescribed time period is. If you feel that the 30 days is more appropriate, you can file an action to modify the arrangement, and use your signed notarized agreement as evidence of what you want the custody arrangement to be.

meigs004 :

Do you have any other questions today?

JACUSTOMER-a5zbrb9x- :

Yes one more

meigs004 :

Sure, go ahead, feel free to fire away.

JACUSTOMER-a5zbrb9x- :

It does say that a competent adult must pick the child up and bring her to my residence, now she is 5 and is going to send her on a plane by herself. Is this appropriate? Or does he need to fly with her based om what the court papers say

meigs004 :

The court would definitely be against a 5 year old flying by herself to your residence. That is not in compliance with any court visitation and parenting guidelines that I am aware of.

meigs004 :

Do you have any other questions today?

meigs004 :

IF not, please do not forget to click the smiley face :) and submit, so I can be credited for my time with you today!

JACUSTOMER-a5zbrb9x- :

Ok who should i call to stop that from happening

meigs004 :

To stop him from putting her on a plane?

JACUSTOMER-a5zbrb9x- :

by herself yes,

meigs004 :

Do you know which airline she is flying on? I would say call him first, and inform him that a 5 year old is not mature enough to board an airplane, and that is simply not safe. If he wishes her to fly home, then either he should fly with her, or have a guardian or flight attendant escort her on and off the plane to you.

meigs004 :

I was going to say the police, but technically it is not a criminal matter as of yet, and he has not boarded her on the plane.

JACUSTOMER-a5zbrb9x- :

He is paying a n extra $100 for a chaperone which does allow that age to fly with them on non-stop flights but i thought he would have to return her and not her be by herself

meigs004 :

If I were you, I would contact the airlines that she is flying and confirm that arrangement, and get the name of the assitant and contact information.

meigs004 :

If he is doing that, and the airline allows it, it is not as bad as I originally though.

meigs004 :

thought*

meigs004 :

Please do not forget to click the smiley face :) and accept my answer!

meigs004 :

Why did you rate my service to you today as bad?

meigs004 :

Did I not fully answer your questions today?

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