Legal Question in Family Law in Texas

This is a 2 parter:

I have 3 children ages 13, 10 and 10. My 13 year old son is less than thrilled about having to go to his fathers for visitation weekends. If he chooses not to, what can happen? Can his father physically force a "good size" 13 year old into the car? This would turn into a big scene.

When my 13 year old gets a little older and can drive and has a job how does this visitation "thing" work out?

Thanks


Asked on 8/12/09, 1:14 pm

2 Answers from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

What can happen is that you can end up in jail. 13 year olds are not adults and are not allowed to make decisions like this. Until he is 18 he is under the jurisdiction of the Court and his failure to go with his father could result in his father filing an enforcement against you, you being found in contempt of court, and you being sentenced to jail. "Less than thrilled" is not a reason the Court is going to accept for there being no visitation.

A driver's license and/or a job are not free passes to ignore visitation either. Hopefully he and his Dad can work something out.

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Answered on 8/12/09, 3:04 pm
Fran Brochstein Attorney & Mediator

I agree with Pat Bushman. It is your job to surrender the children. If they don't want to go, then your ex can go to court and ask that you be held in contempt (money damages and/or jailed). Plus, if you can't control your children, he can ask for custody and the court might grant it.

If you can't control a 13 year old, then what are you going to do as he gets older and bigger?

Many men get custody of their boys at puberty because mommy just can't cope!

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Answered on 8/13/09, 1:07 am


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