Legal Question in Family Law in Texas

Child Visitation Issues - Texas

I am the primary conservator - my ex has the children - ages 7 and 10 for his 30 day extended summer visitation. He will not let me talk to the kids during this time. We live in the same city.

1. Is there a law that specifies how often I can contact my children while they are with their dad during extended summer visitation?

2. Am I in contempt if, immediately following his extended vacation, I take them on a vacation for 5 days and his Wednesday visitation is missed?

3. Am I breaking the law by visiting them for lunch while they are at their summer camp location during this extended visitation period?

4. What can I do legally to stop his, and his girlfriend's, continual 'mom-bashing' to the kids, and to stop them from instilling fear in the kids if they call me or go to lunch with me?


Asked on 7/09/07, 2:06 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Child Visitation Issues - Texas

Question 1 -- You need to read your divorce decree (or whatever document is the last one the judge signed.) If it does not outline details like phone calls, then perhaps you need to modify the current document.

Question 2 - again read your decree. Normally there is a paragraph that says if you give him notice that you can cancel one summer visit so that you can take the kids on a trip.

Question 3 lunch with the kids -- if it says no in the decree than you are in contempt of court. If it is silent, and the camp lets you visit, then it should be ok.

Question 4 - again, read your decree. If it says "no bad talk" then perhaps you need to modify the document.

The court does not care what either of you do.

Only one of the parties can file a contempt on the other parent. So if your husband objects and the camp won't do anything, he needs to modify the document or change the camp to one you don't know about or won't let you visit.

I charge $150 per hour to go over a decree and tell you want it says. This is a discount from my usual $200 hour fee.

I only do it if you have a certified copy of your decree (or whatever legal document is currently in effect.)

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Answered on 7/09/07, 8:42 pm


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