My ex husband has visitation for the summer. I have contacted him trying to find out when he is going to bring them home but have yet to get an answer from him. He is now in New Mexico while I am in Texas. What do I do if he refuses to bring them home? I am terribly scared here. I have been given custody of them and this is the first time in over 2 years that he has had them for more than just a weekend as well as in another state. He has never caused trouble before is the only reason that I let them go in the first place. Now I am seriously doubting my judgement on this.
Do I need to get legal help? Can he get custody changed without my knowledge? Someone please help me out here.... I am seriously stressing over this. I do not want to lose my girls!!!!!!!! They mean the world to me!!!!!!!!!!!

thanks

stressed in texas :confused: :( :eek:

Go to pick the kids up and t ake a copy of the custody and visitation order, and if the kids are not there, not known about, or he refuses to give them to you, call the police to enforce the order and pick them up and take them back to TX. When you get back to TX, get a copy of the police report and go ask for sole custody and supervised and limited visitation and make the father come to TX to exercise visitation.

He has hired an attorney. I can not afford one. They are trying to fight the custody order from new mexico. i have been told that they have to come to texas to fight this. had a court date for the 9th here in tx. but his attorney also had one set for the 9th in new mexico. now both judges will hold court via telephone on the 9th instead. they are goignt o decide whyat happens next. i am hoping they decide my girls should come back home. i have filed all necessary papers here. but.....everything is basically put on hold until after "court" on the 9th.
I am scared to death that i will never see my babies again!!!!! they mean the world to me. i can not fight a lawyer on my own and can not afford one. legal aid here is of no use because of "cutbacks". I do not know what to do!!!!!!!

He has hired an attorney. I can not afford one. They are trying to fight the custody order from new mexico. i have been told that they have to come to texas to fight this. had a court date for the 9th here in tx. but his attorney also had one set for the 9th in new mexico. now both judges will hold court via telephone on the 9th instead. they are goignt o decide whyat happens next. i am hoping they decide my girls should come back home. i have filed all necessary papers here. but.....everything is basically put on hold until after "court" on the 9th.
I am scared to death that i will never see my babies again!!!!! they mean the world to me. i can not fight a lawyer on my own and can not afford one. legal aid here is of no use because of "cutbacks". I do not know what to do!!!!!!!

The existing court order is the ONLY legally enforceable order at this time, so please take elklaw's advice- go and get you kids. You have the legal right to do so.

I am scared. I am afraid that once I get there I will end up in jail. His lawyer has had a document signed by a judge stating that nobody can remove the kids from new mexico without penalty of the law.
I know the original has precident but....I am soooo scared. I had a writ of attachment signed by my judge here ordering the sheriff here to go and get my kids on the 24th of august and they have yet to do so. His lawyer had a court date set for september 9th in new mexico and my judge had one set here for the same day. the judges are supposed to hold court via telephone on that day instead of us going to court. Supposedly it is to decide wether he is to bring the kids home or if the sheriff will go and get them. i am not sure what will happen.
I do know that nothing can be changed in the custody unless it is done here where i am. But that is about all I know. I have an appointment with a lawyer on wednesday to see if he will take my case. he is originally from new mexico so he will know their laws well. I only hope he will take the case and allow me to make payments to him.

how old r the kids if over 16 they can refuse to go home on there own and the cops can not make them even if u have custody. my x found out the hard way she tried to enforce the order but the cops couldnt do a thing cuz she the child her self refused to go home. but if under 16 go get them the cops will enforce it. not trying to get u upset just stating facts.

They are only 7 and 4. They keep asking me each time I call there when they can come home or when i am going to come and get them. I just say as soon as the judge says I can. I just do not understand how someone who says they love and care for the kids and then make them unhappy by not bringing them home.

The existing court order is the ONLY legally enforceable order at this time, so please take elklaw's advice- go and get you kids. You have the legal right to do so. get in car with paper work and go get them. the only other way your paper work could be waved would be if the court there has asigned a law gaurdian to the kids and there invesagating (sorry spelling sucks lol) they do that alot in ny state. good luck i hope u get them back.

i recieved paperwork filed by his attorney that says unless there is a court order to waive their paperwork the children can not be removed from new mexico. I have given the sheriff here a writ of attachment ordering them to go get the kids signed by a judge here. they have not done so. they say it is best to wait til the judges confer on friday. i have a consultation with a lawyer tomorrow but do not know if he wioll take the case because i am on low income and would have to make small payments to him every month until i paid him his fee.