I have 48% custody of my two children, and my ex-spouse has told the children that despite the divorce decree, the children can choose to ignore it and be where they want, because of their age.
What is the truth in the manner, and what are my legal options in enforcing the decree?
I have not been retained as your attorney so I cannot give you legal advice. However, I can offer some general information that may help you.
In the state of Texas, children are allowed to talk to a Judge, in chambers, to express their desires regarding who they live with and possession. However, this does not mean that the children are allowed to choose or that they can simply decide to stop visiting with one parent. Very few instances will warrant an order preventing visitation between a parent and a child.
The visitation provided in the last court order is enforceable by contempt. A party’s refusal to comply with a court order can result in a finding of contempt by the Court and subject that party to punishments such as fines or even imprisonment.
Due to the sensitive and extremely fact-specific nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how Texas’ laws can specifically help you with this serious situation. This type of attorney should be helpful in providing you specific assistance for your matter.
Remember, I am unable to provide you with anything more than tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in Texas and how they particularly impact your potential case.