what do I do to protect my two young children, ages 5 and 8, from a father who has history of abuse toward myself and minors, but has visita...

Question

what do I do to protect my two young children, ages 5 and 8, from a father who has history of abuse toward myself and minors, but has visitation rights through court in san antonio Texas? The two children are terrified to go with their father due to the abuse. do I have to force them to go to Wisconsin with him on 42 day summers?

Answer

It sounds like you have a court order that orders you to send them with him for 42 days this summer.

If so, you have do so or you will be in contempt of court.

How do you protect your children? Modify the order. Get evidence and get the order changed. If the man is not "abusing" them, then you cannot change the order. I know that it is hard to live in fear but unfortuntely you were not able to prove that he is abusive to a San Antonio court.

Make sure that the children know how to call "911" - it works from any phone anywhere in the US.

Make sure they know how to call you -- the 8 year old should be able to memorize your phone number so he/she can notify the police or call you if there is a problem.

You are allowed to visit the children in Wisconsin during the summer visit. Read your decree. You have to go to them to visit.

Also, normally you are allowed telephone access to the children while in possession of the other parent.

If the other parent will not allow you phone access, then you can ask the police to go by and do a "well visit" (I think that is what it is called) on the children once -- just to make sure they are ok.

Read your Final Decree of Divorce and follow what it says. Have a certified copy of your FDofD with you at all times. Take a copy of it with you when you go to visit your children during your access period during the summer.

If there is an emergency, have funds available to hire an attorney for an emergency hearing.

If you don't have emergency funds in the bank, start saving now for that rainy day. Since you are already on notice that he abusive have a huge nest egg on hand for the day when it pours and be ready to move quickly to protect your children.