Legal Question in Family Law in Texas

Re: a 13 year old does not want to go with dad.

Is the child living in your home?

They are in the middle of the divorce -- is there a Temporary Order in place?

Talk to the mother's attorney, and ask for a modification of the order, and a court consult with the child. The court can arrange supervised visitation, or limit visitation. A psych consult with the child may also reveal for the court the physical fears the child has of his father. These are very enlightening for the court.

If the child just doesn't want to go because he hates his dad, you may be unable to legally respond. If the chld has fear of his father, then you may have grounds.

My experience is that most 13 year olds are going to do exactly as they please, and you are not even to TRY to physically coerce this child to go with his father. If he flat refuses,then when dad comes to the door, you tell dad that the child refuses. If dad will not leave the premises, then call the cops and have him arrested for trespassing.

Dad's recourse is file a contempt action for refusing access to the child for visitation. At the hearing, everyone will lay out the story to the judge. The judge will then decide what, if any, visitation is appropriate.

Clearly you are in the middle of a volatile situation, and if you cannot obtain the results you need, you may have to retain an attorney to file an intervention in the pending case.