Contempt of Court Proceedings for Refusing to Allow Visitation

My question involves a child custody case from the State of: Texas

My ex-husband filed a motion to enforce visitation because I have refused to allow my children visitation. His new wife used my personal information and reported my food stamp card was lost. I couldn't buy food for my children when I went to the grocery store and had to ask my mom for money. The court date for the motion to enforce visitation is a week before her court date. Is it likely the judge will rule in my favor by not letting my kids go with their father for visitation? Can I get the judge to order supervised visitation because she harmed my children?

No. It's not likely at all - in fact, it's almost certain you WILL be held in contempt.

And no, you won't get supervised visitation for Dad.

Quote:

---

Quoting Dogmatique

---

No. It's not likely at all - in fact, it's almost certain you WILL be held in contempt.

And no, you won't get supervised visitation for Dad.

---

The charge is a felony. She could face prison time. How can I protect my kids from her?

If she's in prison she can't harm the kids, can she?

And if she's not? No real harm done.

Quote:

---

Quoting Dogmatique

---

If she's in prison she can't harm the kids, can she?

And if she's not? No real harm done.

---

If she doesn't go to prison I'm sure she will at least get probation. She has a theft charge on her criminal record along with a couple of bad checks. With that, no telling what she is capable of

Quote:

---

Quoting #1mommy

---

If she doesn't go to prison I'm sure she will at least get probation. She has a theft charge on her criminal record along with a couple of bad checks. With that, no telling what she is capable of

---

so, how are your children endangered by such crimes?

Quote:

---

Can I get the judge to order supervised visitation because she harmed my children?

---

are you suggesting the issue with your welfare card is how she harmed your children? You borrowed money from your mother so they were not harmed.

but yes, everybody that has ever murdered anybody started out their life of crime by writing bad checks. They have proven the link.


Seriously, nothing you have presented is justification to withhold visitation. I would suggest you call up dad and let him know he is welcome to get his children as scheduled. Otherwise, you will find yourself on the wrong end of a shit stick when you face the judge.

My children DIDN'T HAVE FOOD! My mom had to pay for my kids food until I received my replacement card!!! The state of texas is prosecuting her for this and your saying their is no just cause for not letting my kids be around this woman?

No,'it is NOT cause for withholding visitation.

so, how long were your children without food due to this issue?

This has nothing to do with your kids. This is all about you. The court will recognize that in addition to your willfully attempting to use the kids as a pawn to show your displeasure about his girlfriends actions.

Quote:

---

Quoting #1mommy

---

My children DIDN'T HAVE FOOD! My mom had to pay for my kids food until I received my replacement card!!! The state of texas is prosecuting her for this and your saying their is no just cause for not letting my kids be around this woman?

---

you don't know the entire story so therefore why are you passing judgement. This woman told my son if I didn't let their dad see them they won't bring them back to me. That statement is considered kidnapping!

If there are facts you chose to leave out, then obviously we're not going to know those facts.

If you beleived the woman was a danger to your child, you should have brought a motion to modify or suspend visitation. As you did not, you can be held in contempt of court. The facts you left out may be important, but based on those you've shared you had no basis for refusing to allow the court-ordered visitation.

Quote:

---

Quoting #1mommy

---

This woman told my son if I didn't let their dad see them they won't bring them back to me. That statement is considered kidnapping!

---

No, it's not. At least not on this planet.

And the statement doesn't even make sense. How can she refuse to return a child you won't let them see? And if you comply with the order, you're letting them see the child and the threat is moot.

Do you know what you could have done, had you allowed the court-ordered visitation and had they not returned the child? How many guesses do you need?

Quote:

---

Quoting #1mommy

---

you don't know the entire story so therefore why are you passing judgement. This woman told my son if I didn't let their dad see them they won't bring them back to me. That statement is considered kidnapping!

---

No, no it's not.

My son told me this when they went on vacation back in June. She did this to me in July. Im just concerned she is capable of anything at this point

Quote:

---

Quoting #1mommy

---

My son told me this when they went on vacation back in June. She did this to me in July. Im just concerned she is capable of anything at this point

---

\seriously, get a hold on yourself. While her actions might have resulted in you having to find food elsewhere (which you apparently did obtain money from your mother so the argument she injured your children is moot), this is far from an issue you can argue was intended to injure your children. It was intended to screw with you.

and as I joked about previously, this is not indicative of her being some evil villain who is going to eat your children.

Quote:

---

That statement is considered kidnapping!

---

Oh, sweetie, no. Only actual kidnapping is considered kidnapping. This is just you freaking out.

Funny thing about court orders - you don't get to disobey them at will. If the court says "Frog", you jump, and you keep doing so until the court says you can stop. You WILL be found in contempt, and you WILL suffer consequences, which might also include some time in the pokey if you're not careful.

Step-mom's criminal record? Irrelevant, since they are not violent crimes, or crimes involving children. I promise you, any protest to the judge that she's a danger to your children will fall on deaf ears. In my jurisdiction, you might even be laughed at in open court for your histrionic shenanigans.

Knock it off. If you're the #1Mommy, how about you start acting like a grown-up first?

Mom, let me ask you something.

If Dad were to take you back to court based on the fact that you need food stamps else the child will go hungry - meaning you cannot provide for the child - you'd be all hurt and calling it a ridiculous motion, right?

You'd be right - it WOULD be a ridiculous motion.

What you're doing here is on the same level.

Think about it.