My question involves a child custody case from the State of: Texas
My son-in-law has joint physical custody of his two kids (week on, week off leavingin the same area with the same school)
Custody papers state they meet at a set location to exchange kids, have equal rights to all aspects of the kids lives, no child support paid, and phond access every night.
Kids cannot be taken out of state and must remain within 200 miles of spouse's current address unless a writtne request is given with a 60 notice and aprrived in writing and file with the court.
He got a call last Thursday from the school asking why the kids had not been in school all day. He had just spoke to them the night before but all phone conversations are obviously coached die to all the delays to answer.
He called his lawyer and was told to call the police. She lives with her boyfriend, her affair with this guy ended the marriage but that is another story).
Police could not find her or the kids. We were all in a panic mode as she has threatened to take the kids in the past.
We found out where they were when she posted on her Facebook to her friends (we are all blocked) that they were at Disneyland in California. His lawyer called her lawyer to demand to know where the kids were.
He gets a phone text from her to check his mail.
She sent him a letter dated a week after she had left stating she was relocating the kids to her boyfriend's parent house, had already enrolled them in a new school and to stay away.
His lawyer has just filed for full custody but I can't believe it is a whole month until the court date. She is told to return with the kids and should be served tomorrow.
I am so surprised the system moves so slow as I doubt she will put the kids in school plus we have no idea how 8 people are liveing in a 3 bedroom, 1 bath house.
He has talked to his kids but they hardly speak.
He has a whole year of phone text messages from her and her boyfriend harrassing and threatening him.
His lawyer believes he has a very stron case but what happens if she does not return for the court date?