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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4785
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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The last several child exchanges did not go smoothly. Ex refused

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The last several child exchanges did not go smoothly. Ex refused to come to door and be seen. State clearely required both paents to be present. I waited 5-10 minutes (with video) until ex shpowed herself. Yesterday, after waiting 10 minutes, I called for local police assistance, when they arrived, ex came to the door and exchange proceeded. What are my options? Neutral 3rd party location?

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

You have several options, but the most viable is what you've brought up.

texlawyer :

First, you can ask the judge to require the exchange to be done at a neutral location.

Customer:

I agree - when I suggested this...it was ignored.

texlawyer :

Second, you can ask the judge to order your ex to bring the child to you.

texlawyer :

It is important to have a specific time for the exchange. If your ex will not comply, your only option is to go back to the judge and ask him to be held in contempt.

Customer:

Roger, do I need to file a motion? "Aks the judge" is a bit vague

texlawyer :

Yes. I'm sorry. You have to file a motion, which asks the judge to take the action you request.

Customer:

Roger, I know Texas is not Indiana, but to file a motion would I likely go to the courthouse?

texlawyer :

The judge will generally not require a hearing on a matter like you've described. However, if you make a motion for contempt, there will almost certainly be a hearing.

Customer:

Is there really any point is asking for "contempt"? Does it really DO anything?

texlawyer :

It depends on the situation. If a person is held in contempt, the judge has lots of options, ranging from a warning, to a fine, all the way to throwing someone in jail.

Customer:

Thank you

texlawyer :

Glad to help.

texlawyer :

Can I do anything else for you?

texlawyer :

If not, please remember to "Rate" my answer. Have a good evening.

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