Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

In my custody agreement, I am entitled to half of the Christmas

Holiday with my children....
In my custody agreement, I am entitled to half of the Christmas Holiday with my children. Also, due to the fact my ex moved the kids away, it is my responsibility to pay for the kids to come to visit, but her responsibility to pick them up. My ex is now saying she isn't going to allow me to travel with them since she didn't plan for the return ticket. I already bought my tickets, but her specific response was "Good Luck finding us." What rights do I as a co-parent? We both have joint custody, she's just the home parent in another state.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
12/1/2010
LegalEase
LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience: Experience in handling divorces, custody issues and child support quandries.
Verified
You'll have to call police in the area and inform them that your ex is denying you visitation. It's a state jail felony in Texas and is also a contemptible offense if brought up in court that also carries jail time.

She doesn't get to say what you do or don't do with children on your time as long as you pick them up and drop them off according to the order. Unfortunately there's not a whole lot you can do before she denies you visitation, short of asking for a clarification from the Judge on how exactly you get to exercise your visitation.
LegalEase
LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience: Experience in handling divorces, custody issues and child support quandries.
Verified
LegalEase and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Is there anything to get clarified considering she moved to Florida? Will Florida support Texas in this?
Unless she had the custody order transfered to Florida, Texas still has jurisdiction, so you could file a clarification here. If she did not transfer the order there, Florida must abide by the out of state order granted by Texas.

So, you can make her come to court here in Texas to enforce your Texas custody order.
LegalEase
LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience: Experience in handling divorces, custody issues and child support quandries.
Verified
LegalEase and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
As a follow up to this question, she did deny me custody when I arrived in Florida. I have it documented with the Palm Beach Gardens police two times - once with an police escort to try and pick them up at the date and time set in the divorce decree and another the following Sunday when the boyfriend's truck was there but she was not. She's now claiming that I am not "cooperating" since I wanted them the entire ten days with my family in Texas and not willing to just have them for a weekend in Florida.

In addition, she's been denying me access to my children even on the phone for months telling me I can only talk with them once a week. We used a formulated divorce degree for Galveston County and there's nothing explicitly stating that she HAS to let me talk with my kids and therefore doesn't. However, we have a joint conservatorship and she is just established as the home parent.

The one mistake I did make was to not limit her geographically. At the time she told me she would take me through the court system to fight that and that she only place she could be was Florida. I agreed, but we included the written information that BOTH parents were to agree on any moves. She actually has moved the children four times since the end of June and my five year old has been in three schools. The last move was explicitly done without my permission. She's also only had a job for a few weeks during any of the moves, is currently unemployed, and about the have the only vehicle she owns be repossesed.

I am ready to move forward with this in the court system. I do not feel my children are in a good position and I get threats constantly that they'll be hungry or homeless if I don't send money above and beyond my child support. My question is this: What is the best possible route to take and what time frame am I looking at?
You can file for modification in Galveston County and tell the court that you no longer believe her being the home parent is in the best interest of the children. You also need to file a motion to enforce your visitation time, as that will be where she is held in contempt.

As for time frame, that will largely depend on the court's docket and her ability to fly back and forth for court. I've seen cases be resolved in as little as 6 months, but realitstically, you're probably looking at a year in the court system to change this.
LegalEase
LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience: Experience in handling divorces, custody issues and child support quandries.
Verified
LegalEase and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LegalEase Your Own Question
LegalEase
LegalEase
LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
897 Satisfied Customers
Experience: Experience in handling divorces, custody issues and child support quandries.

LegalEase is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a joint custody visitation agreement that took effect
I have a joint custody visitation agreement that took effect on 11/01/2017. I am the custodial parent and the other parent gave the court an address that is in Sacramento ,CA. He was suppose to move b… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
If the parties have joint custody one having physical
if the parties have joint custody one having physical custody, but both have 50/50 on visitation , and one is treating to take the other to count to take away only seeing he son every other weekend , … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
I have gone to Child Support Services. My divorce was
I have gone to Child Support Services. My divorce was finalized on July 11, 2017. I can claim arrears from August 1,2017 because my ex has not complied with the order. I agreed for my ex to pay half t… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex defaulted on child support under our divorce agreement
My ex defaulted on child support under our divorce agreement when our child came to live with me from his grandma. The court wrote him and he went for a lawyer who wrote to me with arrangement of visi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I got divorced in 2004 and remarried. I have joint custody
i got divorced in 2004 and remarried. I have joint custody of 2 kids from first marriage. I have been married again with my current wife for last 9 yrs and now she wants to divorce and wanting to get … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I am a divorced parent with joint custody of my minor child
Hi, I am a divorced parent with joint custody of my minor child and my ex has continued to keep our child on the Monday holidays if the hoilday coinsides with his weekend.(e.g. Memorial Day and Labor … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I want to dismiss divorce because child support cannot be
Hello. I want to dismiss divorce because child support cannot be agreed upon and I would like court to determine and establish child support before finalizing divorce. Am i only required to file the p… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
We just divorce on May and we have joint custody with 2days
Hi we just divorce on May and we have joint custody with 2days and 2 days So before schools have break I seen my daughter and my ex took my daughter to visit her family out of state She was out of tow… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I am divorced since 2008 receiving child support as agreed
i am divorced since 2008 receiving child support as agreed in court by auto pay, custody arranged for my 2 girls is joint custody.. as of may, my oldest daughter has decided to only stay with me overn… read more
Sue
Sue
Juris Doctorate
186 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I m recently divorced. There is joint custody agreement and
Hello, I m recently divorced. There is joint custody agreement and my ex wife has primary custody of the children. She has recently accepted a job offer out of state which would violate the divorce st… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x