Imagine that you have a divorced friend who has custody of his children. His ex-wife has visitation privileges, but not custody. So the friend tells you that he is taking his children out of town. Then the ex-wife calls you up, wanting to know where that no-good wretch has taken the kiddies. You refuse to tell.
And you are promptly slapped with a $200,000 lawsuit for not telling.
It’s true; the suit has been filed in a Dallas court against a Houston man under the little-known Section 36.02 of the Texas Family Code, which deals with Liability for Interference with Child Custody.
What’s that got to do with the third party? Well, the statute also deals with the rights of those who have visitation privileges. And some divorce lawyers fear that the law. if interpreted broadly, could make third parties liable for getting mixed up in all kinds of nasti-ness between bitter ex-spouses. A third party might be hauled into court for loaning the custodial spouse money, or helping the spouse to move.
“We’re confident that the jury will see that this case is ludicrous,” says Dallas attorney John Lubben III, who is defending the man who would not tell. “If this one holds, we could have vengeful parents suing relatives and friends for just being helpful. In effect, you could be sued as an innocent bystander.”
The suit, in Judge Carolyn Wright’s 256th District Court, has not been set for trial.
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