Legal Question in Family Law in Missouri
Visitation due to Jurisdiction
Divored and 1 modification in Missouri, allowed to move to Texas. Last modification 6/3/02 court makes no decision due to jurisdiction, stating Texas now has it. Moved here in 1998, 12 year old son, wants to make his decision whether to go or not. What is legal age to make decision, and since Missouri no longer holds jurisdiction does Texas enforce the modification or is it really void concerning vistiation, will I be held in contempt in Texas if my son decides not to visit his father in Missouri? What are my and my son's rights now? Mostly concerned about visitation, court still holds jurisdiction over CS.
1 Answer from Attorneys
Re: Visitation due to Jurisdiction
Your question is somewhat confusing, so here's my best attempt to answer it.
If Texas has jurisdiction, then your son can decide not to visit his father after he turns 18. Until then, he is a minor and you can be held in contempt of court by the Judge if he does not go to his summer visitation with his father.
Of course, the father would have to instigate the contempt action against you. The court won't do it on its own initiative.
If you live in the Harris County area, you can call me for a free phone consultation at 713-847-6000.
Best of luck!