Can I be put in jail for taking my son to my residence outside of the county?

[Divorced&Beaten]

What is the name of your state? Texas

When I was served with divorce papers, my soon to be ex wife told me that she just wanted me out and that she would never prevent me from seeing our son. Well, I believed her, did not get an attorney, and I then signed divorce papers that I should have had an attorney read. Part of the divorce decree stated that I could not take my son outside of the county that I resided in at the time. A year and five months later, I have now moved two (2) miles outside of the County and my ex wife threatens me with jail and contempt of court if I take my son to my legal residence. I have filed for modification (yesterday), but my question is if she can really have me put in jail for taking my son to my home merely due to the fact that I now reside two miles outside of the county line.

Thanks,

 

[Gracie3787]

What is the name of your state? Texas

When I was served with divorce papers, my soon to be ex wife told me that she just wanted me out and that she would never prevent me from seeing our son. Well, I believed her, did not get an attorney, and I then signed divorce papers that I should have had an attorney read. Part of the divorce decree stated that I could not take my son outside of the county that I resided in at the time. A year and five months later, I have now moved two (2) miles outside of the County and my ex wife threatens me with jail and contempt of court if I take my son to my legal residence. I have filed for modification (yesterday), but my question is if she can really have me put in jail for taking my son to my home merely due to the fact that I now reside two miles outside of the county line.

Thanks,

As long as the existing court order states that you cannot take your child out of a SPECIFIC county, yes you can be found in contempt.
Is there anywhere inside the county where you can visit, such as a relative's or friend's house? Until the order is modified you have to follow the order as it's written now.

 

[nextwife]

As long as the existing court order states that you cannot take your child out of a SPECIFIC county, yes you can be found in contempt.
Is there anywhere inside the county where you can visit, such as a relative's or friend's house? Until the order is modified you have to follow the order as it's written now.

File for the modification you SHOULD have already filed for when you first planned to move.

 

[LdiJ]

I will also add that she can't just put you in jail. A judge would have to find you in contempt, and then think that your infraction was serious enough to warrant jail. That almost never happens on a first time trip to court for contempt, particularly over something this minimal.

However, if you knew you weren't supposed to take him out of the county, then it was a dumb move to move outside of the county.

 

[ceara19]

I will also add that she can't just put you in jail. A judge would have to find you in contempt, and then think that your infraction was serious enough to warrant jail. That almost never happens on a first time trip to court for contempt, particularly over something this minimal.

However, if you knew you weren't supposed to take him out of the county, then it was a dumb move to move outside of the county.

And in THIS case, it is very unlikely that a judge in Texas would take ANY action against the OP. The child's continued relationship with dad far outweighs a minor violation of the court order, such as taking the child 2 MILES outside of the prescribed range. A lecture about following proper procedure (like filing for the modification BEFORE moving) will be the most likely outcome.

 

[jslopez711]

What is the name of your state? Texas

When I was served with divorce papers, my soon to be ex wife told me that she just wanted me out and that she would never prevent me from seeing our son. Well, I believed her, did not get an attorney, and I then signed divorce papers that I should have had an attorney read. Part of the divorce decree stated that I could not take my son outside of the county that I resided in at the time. A year and five months later, I have now moved two (2) miles outside of the County and my ex wife threatens me with jail and contempt of court if I take my son to my legal residence. I have filed for modification (yesterday), but my question is if she can really have me put in jail for taking my son to my home merely due to the fact that I now reside two miles outside of the county line.

Thanks,

Well, it's not likely, espcially in Houston, the norm here is contigous counties to Harris (Galveston, Pearland, Ft. Bend, Katy, Montgomery) What is the total distance b/w homes now?

 

[ceara19]

Well, it's not likely, espcially in Houston, the norm here is contigous counties to Harris (Galveston, Pearland, Ft. Bend, Katy, Montgomery) What is the total distance b/w homes now?

Pearland isn't a county. I believe you are thinking of Brazoria. But, yes, you are correct about the norm. However, the OP AGREED to not leave the county. He would be in violation of the order TECHNICALLY, however, it's 2 measly miles AND he has filed to modify the order. I doubt that much will come of her attempts to get him in trouble through the court.

 

[jslopez711]

Pearland isn't a county. I believe you are thinking of Brazoria. But, yes, you are correct about the norm. However, the OP AGREED to not leave the county. He would be in violation of the order TECHNICALLY, however, it's 2 measly miles AND he has filed to modify the order. I doubt that much will come of her attempts to get him in trouble through the court.

I further think the judge is not going to care because OP is not the custodial parent where the child resides, unless he moves over 100 miles then it's a new story. OP's ex is just being mean, I don't think it will fly.