Serving Clients Across Texas

Frequently Asked Question: What do I do if I am supposed to have possession of my child, but the other parent has stated that they are not going to surrender the child?

There are several things that you should do if you have a valid Texas court order that awards you present possession of your child and the other parent is stating that they are going to deny you possession of the child. First, you must go to the place designated in the order at the time designated in the order and attempt to obtain possession of the child. Do not just take the other parents word that they are going to deny you possession. You must attempt to obtain possession of the child.

If you show up at the time and place designated in the order and you are denied possession of the child, it would be helpful to document your attempt to obtain possession of your child. This can be done by using a video recorder to record the date, time, and location of where you are attempting to obtain possession of your child. Most smart phones and other cellular phones have this recording capability. Also, you could contact the local police department to see if they will assist you with preparing a report to document your attempt to obtain possession of your child.

If a parent denies the other parent possession of a child and there is a valid court order, then a Texas court can make a finding that the parent denying possession is in contempt.

Next week I will discuss the possible consequences of a finding of contempt and other remedies available to the parent that was denied possession of the child.

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