Legal Question in Family Law in Texas
In 2005 my husband adopted my son. My son's biological fathers parental right were terminated, he contested. He agreed to finally relinquish if his mother could have visitation. At this time my son was 11. The court ordered two visits per year at his birthday and christmas. She has been inconsistent at best, sometime just not seeing him at all. She didn't come his last birthday and now wants to come next week. My son has no attachment to her as when she is here, she wants to visit with me, not him. She never calls, emails, makes any effort to bond with him in all these years. She is supposed to give us two weeks notice, which she did not. I could turn her down by saying we are busy that weekend?
My son is now 17. He will be 18 in July of next year. He doesn't want her to visit him as he doesn't see the point. I don't want to violate a court order, is he old enough to make that decision or do we have to wait until he is 18? My husband says if our son doesn't want to see her, he shouldn't have to since he is 17. I just want to be sure we aren't going to get into any trouble legally and end up in court. We had a terrible lawyer and she did not give us any indication as to how long the visitation order would be in effect. Any information you could give me would be greatly appreciated. We just can't afford to go back to court as the termination/adoption cost $14,000. My ex and his mother have a family friend who is a lawyer that does work for them pro bono, so we are at a disadvantage in that respect. Thank you for your time.
1 Answer from Attorneys
Both your son and his biological grandmother have to follow the court order. She has to give the notice and your son must visit her. He does not have a choice as long as the court order is in effect. It is difficult to tell how long the order would be effective without being able to review it.
My suggestion is that you call your lawyer and ask her. If you are worried about costs, mention this up front.
It is unlikely that the order will remain in effect on your son after he is an adult.
If you want to avoid litigation, it would probably be best if you would simply grant these last few visits if they are properly requested. You should make sure not to do anything that could be interpreted as interfering with the court order.
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