Legal Question in Family Law in Texas
Child visitation issue
The father of my son has regular, standard visitation. I have learned, through a third party, that--name removed--has taken a civilian job that will send him to Iraq soon. --name removed--is currently out of state in training before being sent to Iraq. His wife still wants to pick up my son for visitation, even though my son's father will not be there. Since visitation is for the father, not a step-mother, do I have to let her take my son for visitaiton? Can--name removed--designate her his visitation rights? I don't want my son to go with her unless his father is also there.
1 Answer from Attorneys
Re: Child visitation issue
Depends on if the Order allows the child to be picked up by any competent adult - which I guess she is, but you might be right. The Order allows for visitation with the parent, not the step-parent. (Although I think it is petty not to allow the child to be with his extended family even though she might not be a blood relative - if she cares for the child and wouldn't harm him). Yes, that's an unsolicited personal opinion not a legal opinion. But, I can do that here sometimes.