Question:
I’m divorced and my ex will not answer the phone at all when I call to see our two boys. We have joint custody of our boys but she will not bring them by the house for my time with them on the days she’s required to. I live with my parents and they smoke weed. Her lawyer and my lawyer knew about this fact, but we managed to settle an agreement without taking it to the judge. But she doesn’t come through on her part.
She has an obligation to give me time with our two boys, just like I have to pay child support. I think she’s holding the “my parents smoke weed in that house” issue as a reason to not have to do anything like bring them over, call me back, or communicate with me at all. Does she have that right?
Answer:
First, I must state that I am not licensed in Texas, although Cordell & Cordell, P.C. has attorney’s who are licensed and located in Texas. They would be happy to discuss your case with you.
If you have an agreement that gives you custody and visitation of your children and she is not following this agreement, then she may be in contempt of court. If she is refusing to allow you to see your children, you would need to bring this to the Court’s attention and ask the Court to hold her in contempt for failure to follow the agreement and ask that it be specifically enforced. Then it will be her burden to show the judge that she is not in contempt and she will have to justify her actions.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
