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Category: Family Law
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Texas Law. During the school year, I have possession of my

Resolved Question:

Texas Law. During the school year, I have possession of my 7yo every single Thursday beginning at 2:30pm (when schools out) until school resumes the following day at 7:45am.

Today, as a way to punish me, she pulled my 7yo from school today at noon and did not inform me she was doing so. I show up at the school, my son isn't there, I call the police, we find out that my x checked him out at noon and the office told me there was nothing he could do. My question is: what if I were to pick up my son tomorrow (Friday) and kept him all day to make up for not seeing him today. Can the police do anything? I had a friend in the same circumstance who had his son on a day that conflicted with the decree. The Sheriff showed up and took the boy away citing it was her day per the decree. I would like to know I am safe to get my son tomorrow.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : If your decree only gives you Thursday, you could be charged with contempt if you show up and get your son tomorrow. There's no legal right to "make up" the time you lost today by getting him tomorrow. If you do that, your actions are no different than what she did today - - which could cause her trouble if you pursue her on this through the court.
Roger : If you were to decide to take action, you can file a motion to hold her in contempt of court and ask the judge to punish her - - fine her, give you more time to make up the lost time, and in extreme cases (usually for repeated violations) the judge could even jail her or modify the visitation/custody order.
Customer:

How do I pursue this if I can not afford an attorney.

Roger : You can file a motion for contempt against her on your own if you can't hire an attorney.
Customer:

Thank you

Roger, Attorney
Category: Family Law
Satisfied Customers: 27082
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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