What Can I Do If My Ex and Mother Are Keeping My Kids from Me?

Question from Mama, What Can I Do If My Ex and Mother Are Keeping My Kids from Me?

Answer from AI:

If you are the physical custodial parent according to court orders, you have certain rights and legal avenues to address the situation where your ex and mother are keeping your children from you. Here’s a general guide on what steps you can take:

Understanding Your Custodial Rights

As the physical custodial parent, you have the right to:

• Make day-to-day decisions about your children’s lives.
• Have your children live with you.
• Be involved in significant decisions regarding their welfare, education, and health.

If your ex is not complying with the custody order, they may be in violation of the court’s directive.

Steps to Take

1. Review Your Custody Order: Ensure you have a copy of the current custody order. This document outlines your rights and responsibilities and can be crucial in legal proceedings.
2. Document Everything: Keep detailed records of all interactions with your ex and your mother, including dates, times, and the nature of the communication. This documentation can be vital if you need to go to court.
3. Attempt Mediation: Sometimes, disputes can be resolved through mediation. This is a less adversarial process than going to court and can be quicker and less expensive.
4. File a Motion for Contempt: If your ex is violating the custody order, you can file a motion for contempt in the family court. This legal action asks the court to enforce the order and can result in penalties for the non-compliant parent.
5. Seek a Modification of the Custody Order: If circumstances have changed significantly, you might need to request a modification of the custody order. This can be done through the family court.
6. Contact Child Protective Services (CPS): If you believe your children are in immediate danger or are not safe at your mother’s house, you can contact CPS. They can investigate the situation and take appropriate action to ensure your children’s safety.

When to Consult a Legal Professional

Given the complexity and emotional nature of custody disputes, it is often beneficial to consult with a family law attorney. An attorney can:

• Provide personalized legal advice based on your specific situation.
• Help you understand your rights and the best course of action.
• Represent you in court if necessary.

You can find a family law attorney through your state’s bar association or legal aid services. For example, the [American Bar Association](https://www.americanbar.org/groups/legal_services/flh-home/flh-free-legal-help/) offers resources for finding legal help.

Additional Resources

Here are some resources that might be helpful:

• [Texas Family Code](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm) – This provides information on custody laws in Texas.
• [National Domestic Violence Hotline](https://www.thehotline.org/) – If you feel threatened or unsafe, this resource can provide support and guidance.

Remember, while this guide provides general information, it is not a substitute for professional legal advice. Always consult with a legal professional to address your specific circumstances.