If my girlfriend is out on bond but because of her charge the judge told her that she could not be around kids, what do I do about my son?

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If my girlfriend is out on bond but because of her charge the judge told her that she could not be around kids, what do I do about my son?

But I’m supposed to have my son for Christmas and I also get him every other weekend. My girlfriend is willing to leave to her mother’s house and stay at her house until I take my son back to his mother’s house. But I want to make sure if that is fine or can I get in trouble? My girlfriend’s parents house is about 45 minutes away from where we stay. So my girlfriend won’t be any where near my son. Is that alright?

Asked on December 10, 2012 under Criminal Law, Texas

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

Unfortunately, without looking at the bond paperwork and any paperwork related to custody/visitation, it is very hard for me to give you any advice.  Certainly if a judge has ordered that she stay away from children, she needs to follow these instructions or risk being sent back to jail.  It is unusual though for a judge to have such a condition apply to a person's own children unless they are the alleged victim of the criminal misconduct.

Your girlfriend's parents may be an acceptible alternative but I'm betting that you don't want to tell the children's mother of this arrangement - maybe out of fear you will lose visitation if she finds out about the charges. You are not usually permitted to ship your kids to another household to live during your visitation period unless that home is approved by the mother and the Court.  A very dangerous situation.

You should absolutely come in to meet with a trained lawyer to get advice on how to handle this situation BEFORE you make a decision that gets you in trouble.  That's what lawyers are here to help with.

David S. West

Attorney at Law

 

David West / David West & Associates

Answered 8 years ago | Contributor

Unfortunately, without looking at the bond paperwork and any paperwork related to custody/visitation, it is very hard for me to give you any advice.  Certainly if a judge has ordered that she stay away from children, she needs to follow these instructions or risk being sent back to jail.  It is unusual though for a judge to have such a condition apply to a person's own children unless they are the alleged victim of the criminal misconduct.

Your girlfriend's parents may be an acceptible alternative but I'm betting that you don't want to tell the children's mother of this arrangement - maybe out of fear you will lose visitation if she finds out about the charges. You are not usually permitted to ship your kids to another household to live during your visitation period unless that home is approved by the mother and the Court.  A very dangerous situation.

You should absolutely come in to meet with a trained lawyer to get advice on how to handle this situation BEFORE you make a decision that gets you in trouble.  That's what lawyers are here to help with.

David S. West

Attorney at Law

 


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