Legal Question in Family Law in Texas
Age 12 Visitation
My child is 12 and my divorce was finalized in Texas but allowing my daughter and I to move back to Arizona. The judge told me she has a right if she wants to visit her father or not. I encourage her to visit but right now he is moving on with a new relationship and she has two younger children and my daughter feels left out. Does she have to go? At what age can she choose? He is so bitter towards me he is making her stick to the visitation. Even though when we were getting a divorce he said he would be flexible with her needs and wants. We didn't want her to miss school events, etc but now that does not matter to him.
2 Answers from Attorneys
Re: Age 12 Visitation
You would have to file a motion to modify in the court that originally issued the divorce unless your ex is no longer in Texas. If he is, then you may want to ask that the Texas Court transfer the case to AZ. It is up to divorce court in Texas to determine if the case should be transfered to AZ.
In your motion to modify, you can ask for Dad to have less visitation or to alter visitation to min disruption to child's activities. At 12, probably not old enough to veto visitation. Talk to an attorney in county that issued your divorce.
Re: Age 12 Visitation
You would have to file a motion to modify in the court that originally issued the divorce unless your ex is no longer in Texas. If he is, then you may want to ask that the Texas Court transfer the case to AZ. It is up to divorce court in Texas to determine if the case should be transfered to AZ.
In your motion to modify, you can ask for Dad to have less visitation or to alter visitation to min disruption to child's activities. At 12, probably not old enough to veto visitation. Talk to an attorney in county that issued your divorce.
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