Legal Question in Family Law in Texas
Child Visitation Rights outside of the Orig. St. of Decree
I would like to know what recourse I have if my ex (who lives in Texas) has filed an injunction to prevent me from taking my daughter out of Texas. Can I file for joint custody in Calif? What paperwork can I take with me to insure that she will follow the court order to allow me visitation? I currently live in Calif and will be visiting my daugher this weekend in Texas. My ex has stated that she will not allow me to visit nor talk to my daughter on the phone, what can I do????
Thank you
2 Answers from Attorneys
Re: Child Visitation Rights outside of the Orig. St. of Decree
You didn't say where your divorce was rendered, but I will assume Texas. Also, since your ex has filed for some restraining order/injunction, there is pending litigation in a Texas court. I strongly suggest that you contact an attorney in the area of your visit for a more detailed discussion of your rights and potential actions when you are in Texas for your visit.
Re: Child Visitation Rights outside of the Orig. St. of Decree
While this may sound a little bias, the best advice I can give is to find you an attorney and fight the injunction. It may be that the court in which the injunction is sought does not have the authority to issue such an order; however, it is more likely that it does and if you have been properly served with the paperwork (this is another issue to investigate), then the court can enter an order. You will want to be there or have someone there to present your case, including the act of informing the court that your ex has not been open to visitation. This is the only true way to "insure" a proper outcome.
If you have further questions or if you would like to consult with me, please feel free to e-mail me at: [email protected] or call 254.756.5004 Either way, I wish you the best of luck with this.