Question About Custody

[MeganRogers]

What is the name of your state (only U.S. law)?
Texas

Recently my ex-husband was arrested for possession of a controlled substance (methamphetamine). The police actually broke into his home and found the drug inside. I have a copy of the complaint and he has been charged with a felony. Do i have any rights legally to keep my child from seeing his dad until this is resolved? I fear for my childs safety and I am not comfortable with sending him to his dads not knowing what he is being exposed to. I don't have the money to pay for an attorney and my ex is threatening to file contempt of court if I don't allow my son to go. What do I need to do because at this point I don't want my son to visit his dad. He has a history of drug use and I would be a nervous wreck if I allowed him to go wondering what is going on.

 

[Ohiogal]

What is the name of your state (only U.S. law)?
Texas

Recently my ex-husband was arrested for possession of a controlled substance (methamphetamine). The police actually broke into his home and found the drug inside. I have a copy of the complaint and he has been charged with a felony. Do i have any rights legally to keep my child from seeing his dad until this is resolved? I fear for my childs safety and I am not comfortable with sending him to his dads not knowing what he is being exposed to. I don't have the money to pay for an attorney and my ex is threatening to file contempt of court if I don't allow my son to go. What do I need to do because at this point I don't want my son to visit his dad. He has a history of drug use and I would be a nervous wreck if I allowed him to go wondering what is going on.

No you do not have a right to break the court order. If you don't want him to go, file for an emergency order suspending visitation and ask the court to drug test your ex based on his recent arrest and drug history. If the order is granted, you dont' have to send your child. If the order is not granted, you have to follow the court order or risk him filing for contempt. If he files for contempt you may very likely be found in contempt. How old is your child?

 

[MeganRogers]

He is 5. How do I file an emergency order? Does that have to be done through an attorney or can I do it personally?

 

[LdiJ]

He is 5. How do I file an emergency order? Does that have to be done through an attorney or can I do it personally?

You can do it personally. Go down to the courthouse and ask for the forms to file an emergency motion to suspend visitation.

 

[MeganRogers]

Would if I live in a different county then my ex husband? Can I file the orders in the county I live in? There is no way I am going to be able to travel 3 hours to the county where my ex lives to file paperwork.

 

[LdiJ]

Would if I live in a different county then my ex husband? Can I file the orders in the county I live in? There is no way I am going to be able to travel 3 hours to the county where my ex lives to file paperwork.

If the original case took place in dad's county, then yes, you would either have to hire an attorney there or drive three hours to file paperwork. If neither of you live where the original case took place, then you can file in your county.

 

[MeganRogers]

Thank you for the information. I guess I will be driving to file the paperwork. Do you happen to know what the cost may be?

 

[LdiJ]

Thank you for the information. I guess I will be driving to file the paperwork. Do you happen to know what the cost may be?

Call the clerk of that county and ask what the filing fee would be.