QUESTION

Can my husbands ex take their daughter?

Asked on Oct 22nd, 2019 on Child Custody - Texas
More details to this question:
So my husband and I recently got married and did not inform the mother of his child about it. She found out and is mad we did not say anything to her. I do have a criminal record involving my daughter that has been CLOSED long before my husband and I even met. She wants to use that fact in court as a means to completely take the child away from him. We do not know what we can do.
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1 ANSWER

Children Attorney serving Fort Worth, TX at The Law Office of Zoe Meigs, P.C.
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The mother is in violation of the court order if she does not turn over the daughter at the time and place stated in the order at the beginning of any of your husband's possession periods stated in their court order.  He should continue to try to get his daughtet on the day, at the time and at the place stated in the order. He should also keep a record and provide proof he was at the right place on the right day at the right time.  If the mother persists in failing to provide the child, then your husband may file a suit to enforce the possession terms that she has violated.  Their court order may provide that he must notify the mother if he begins to reside with a person who has a certain criminal history or protective order, but a violation of that provision should not normally be a block to the parent exercising possession.  In the event your criminal record involves something serious and relatively recent, your husband may have to fight for his possession periods in a modification suit.  Perhaps if you and your husband arrange  to meet the mother without the daughter present, you will be able to put the mother's mind at ease about you being around her daughter. 
Answered on Oct 23rd, 2019 at 1:59 PM

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