Legal Question in Family Law in Texas
We have been battling with my husbands ex-wife over when he can see the kids. The daughter is 15 (will be 16 in August) and the son just turned 14. The son is fine with coming over, but the daughter seems to be holding a grudge from the past. Which we feel is coming from the mom, discouraging visitation. We have sent a certified letter to the ex-wife requesting a set visitation schedule. She now states that she will not agree to it and that the courts will not force the kids to follow a set visitation order because of their age and things that they are involved in (scheduling conflict with Boy Scouts, summer job, and friends). We told her that we will make every effort to get the son to boy scouts when he is with us, and anything else that comes up when we have them. The father just wants is due time with his kids. Do we have to get an attorney, or can we appeal to the courts for a modified visitation schedule? I have been keeping a log of everything that has gone on over the last 6 weeks. We do not have the money for an attorney. Half of his check goes to her for child support and health insurance. And I am drawing unemployment right now. Will the courts go by a standard visitation schedule since we can not agree on anything? It would go through Wise County Courts.
1 Answer from Attorneys
You are battling over possession and access, not conservatorship. Because of that, the court is not required or inclined to hear the kid's wishes. You have to hire an attorney. I'm sorry you are under financial pressure, but without an attorney, this is just a food fight that the court won't want to be involved with. The court will have to deal with it if you file suit, but custody battles are complicated and self-represented litigants lose 9 times out of 10.
Contact www.tlsc.org to get a referral to an attorney who will take your case at a discount.
Good luck!!
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