Legal Question in Family Law in Texas

I have 2 children, one is autistic. I have primary custody of my children. Their father will spend time with his normal daughter with regular stardard visitation (daughter spends the night with dad). He will pick up my son & daughter for dinner once a week, but then bring back my son (he will not let him spend the night, but will his daughter). He lives with his parents. He claims his austic son causes too much stress on his dad. I have told him to get a hotel and spend time with both kids, but he refuses (he parent won't let him because they are afraid he will bring bed bugs home; believe it or not, my ex is 48 yrs old). When we were married, he would get very frustrated with his son, verball and physically abusing him on occassion. I feel more comfortable for my son to stay with me anyway.

Question: This weekend is 'his' weekend with the kids. Again, he will not let his son spend the night. He planned on picking up both children Saturday morning, but bringing his son back @ 6pm. I have plans to go out of town. Can I tell him he can either keep his son all weekend or not see his son at all because my son will go with me out of town?


Asked on 1/13/11, 9:46 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Without having read your visitation order, my answer is: Probably no. In other words, you have to let him have both children when he comes to pick them up.

Why not try this: Tell him, when he picks up the children, that this time he's going to keep them (both of them) all weekend. He may try to argue with you; don't argue with him. Just don't be home at 6:00 pm. Turn off the lights, lock the door, and go see a movie (I recommend "True Grit" with Jeff Bridges and Matt Damon). Then go to a nice restaurant. Then head for a mall, and browse a good book store. He can't drop off anybody if you aren't home.

In other words, teach him that he's not running things.

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Answered on 1/19/11, 11:10 am


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