Legal Question in Family Law in Texas

Re: Can ex take child while I'm away on business

Your new wife has no rights to visitation or custody with a child which is not hers by birth or adoption which the law will protect.

The child's mother has the right to see that visitation is had by you, and that visitation is not had by her when you are not there. A day or so with a reasonably mature child could perhaps be tolerated, but a week I'm pretty sure would not.

You must make arrangements to exercise your visitation and, when you cannot, make other alternative arrangements with your ex for times which will work for you.

Re: Can ex take child while I'm away on business

When either you or the child's mother has possession, you or she can do with the child as you or she please (possession-wise) as long as the possession parent doesn't interfere with the other's rights of possession. For example, either of you, during your time of exclusive possession, could let the child spend the night with a friend, go on a weekend camping trip, take a week-long ski trip with a church or school group, etc. All of these things happen all of the time; the possessing parent does not have to be physically present.

However, if one parent spends much time away from the child during his or her period of possession, that could be grounds for the other parent to go to court and ask the judge to change the possession schedule.

You new wife has no LEGAL rights as far as the child is concerned, but YOU have the right to leave the child with the new wife, if you so choose. If you do, then the child's mother cannot come and take the child. In fact, an argument can be made that it is good for the child to have time with his or her new step-mom.

I suggest that for the child's case, you and your ex-wife need to get to a point where child visitation is not an issue. It doesn't matter whether you or your ex like each other, it does matter that the child sees positive, caring parents. Most divorce decrees provide that the visitation schedule is only a "backup". The parents are encouraged to agree among themselves on issues of possession. Some of the best divorces work where the parents NEVER EVEN READ the schedule, but work together to provide that the child has as much time with each parent as possible. One thing that I have noticed in my practice is that even DURING a divorce, frequently parents can say that the other parent is a good parent even when the divorce is bitter on all other counts. That doesn't always happen, but it IS almost always better for the child when the parents don't fight over him or her.

Please try to have an understanding with your ex before you leave town to avoid problems and a potential costly court battle if things get out of hand.