Legal Question in Family Law in Texas
Child visitation rights
My children are teenagers who have not had much contact with their biological father. The only way that he will pay child support is if it is deducted from his pay check. My kids have no desire to see him. He told them that they have no choice because he pays for them every month. He is aware that my son has asthma but he continues to smoke in his presence. My daughter has also found drug paraphernalia in his apartment. I have a protective order in place against him for myself. Is there a specific age that the children have a choice to decide if they want to visit or do I have to force them to go with him? I know that they can decide who they want to live with but does that also apply to visitation?
1 Answer from Attorneys
Re: Child visitation rights
Most judges these days will provide, and enforce a drug and smoking ban. See about getting your decree modified.
If you don't force your children to go on visitation, he has the right to file a contempt against you. At that time, you can explain to the judge your reasons.
A better alternative is to propose a mediated modification of the decree.
Legally, a child does not have the right to refuse to go to visitation. Practically speaking, with older children, it happens frequently. If the environment is unsafe, and the possessory conservator refuses to make changes in the environment, the judge may side with the children.
See an attorney to get specific advice for what is your best approach.
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