Legal Question in Family Law in Texas

My ex is a BIG problem because he feels the constant need to stir the pot and not cause trouble. He wants to take 2 out of the 3 kids for visitation (they are 15, 12 and 12) - he has a hard time dealing with 1 of my 12 year olds which he's a very lively boy that's kind of like his momma that's why dad can't cope. I thought visitation was for all the children? How does dad get away with picking and choosing? Also, with the same 12 year old when he does take him he sometimes brings him back early from visits because they are too stressful for dad. Most of the time dad just lets them watch tv for the weekend/vacation/spring break/xmas/thanksgiving because he says he has no $$, so they go stir crazy and feel like locked up animals and that he's "bought" this time with c/s.

My 15 year is not allowed to see his friends on his visits with dad - he's a pissed off teenager - dad said to let him see his friends on my time or during the week when it doesn't interrupt his time. My 15 year old is about as big as dad, is a really good kid, good student, and does not deserve this selfish behavior from his father. He has made his desires clear to his father about not just getting to see his friends 2 weekends a month and his father could care less and I guess wants his kid to resent him.

I've already spent $20,000 in modifications which cost more than the divorce and have basically gotten no where because he makes up his own rule book.

I got one of the 10% I guess that can't move on in any way and always want to play hardball.


Asked on 1/25/12, 4:49 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Your X is a jerk but he does not even have to visit with any of the kids. He can take 2 of the 3 but if you decided to go back to court, he would look terrible for doing that (although you would probably need to invest in psychological testing, etc., to show damage.)

As far as the older child, unfortunately it is the X's choice on what the kids can and cannot do. You are obligated to send the kids with him whether the kids want to go or not - although as this situation gets worse, my guess is that the older will start to refuse to go. You are still obligated to "make" him go if possible but this is real life . . . .

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Answered on 1/26/12, 3:51 pm


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