Long story short: I am a single parent in the Navy. My children (whom I have custody of) are living with my ex-wife's mother. I am moving my children from her house in Texas to MY mothers house in Minnesota. My ex-wife's mother does not approve and will not provide me with all of their belongings/paperwork (willingly) when I come to pick them up in December. Is there something I can do about this? Most of the stuff either I or my family bought. She is withholding birth certificates/SS cards/shot records/etc. Any links to specific laws/regulations in Texas would be great. Thank you.
Answer
You can take the police, sheriff or constable out with you and ask the lady to surrender the paperwork to you. Unfortunately, this sort of thing occurs frequently.
Call the local policing agency ahead of time and alert them ahead of time. See if they will help you. You will need a certified copy of your paperwork giving you legal custody of the children.
Regarding the furniture that you say that you purchased -- You will need receipts to prove that the belongings in her home belong to you. Otherwise, she will claim that the furniture belongs to her. The policing agencies don't have the authority to determine who owns the furniture. Plus they do not have the time to sort this type of stuff out. They are busy with crime.
You can always go to small claims court and sue her for your belongings. However, I doubt that you have the time to do this. A judge would have to hear the case. Again, you would have to have documentation to show that you paid for the furniture. Otherwise it is your word against hers and the furniture is in her home. The judge would normally assume that she purchased it since it is in her home.
Most of the paperwork can be replaced if you are their parent with custody - you can get the shot records from the doctor's office. Just call the doctor and send a copy of the legal paperwork to the doctor's office. The school records are the same thing. Birth certificates and social security cards, etc. can all be replaced since you are the parent with custody.
I cannot think of any TX laws or regulations - sorry!
My suggestion is to avoid any confrontation when you pick up the children so that you don't get arrested. Do not "touch" her during the exchange of the children. Any touching could be perceived as an assault and you will be arrested and charged with assault -- it happens all the time. If she attempts to hit you and you grab her arm to prevent it, that is considered "assault" in Texas -- you are a male & you will be arrested. So be very careful during the exchange.
Bring a witness with you during the exchange.
Good luck - be very careful!
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