Legal Question in Family Law in Texas

Children and Custodial parent moved to Venezulea - What can we do?
question: My husband has three children from a previous marriage. Ex-wife remarried and her husband took family to Venezuela three years ago. My husband was told this was temporary, but now it looks to be more permanent. He has visition rights for every other weekend and alternating holidays, 42 days in the summer and Spring Break. For the past three years he has only seen them for about 36 days in the summer and for 5 days in January, when he pays $2000 to fly to Venezuela to see them. Since they are not returning to Texas (which was a condition for my husband not fighting them moving), my husband wants to get a modified custody agreement so he can see them during Christmas. He is hesitant because he fears she will try to increase child support payments in spite. What legal responsibility does she have in upholding the visitation agreement? What legal rights does my husband have in challenging this? Can she threaten to sue for increased payment if he asks for this? He currently pays $750 per month for child support which is approximately 30% of his current NET earnings.

Asked on 11/02/99, 3:21 pm

Donald Teller Law Office of Donald E. Teller, Jr., P.C.

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Re: Children and Custodial parent moved to Venezulea - What can we do?

Can he file a motion to enforce visitation? Yes. Keep in mind

however that the court may not enforce it if the court believes

the parties agreed on a different schedule informally. Can she file

to increase support? Yes, and she probably will, but it does not

sound like it would increase his support dramatically even if she wins,

but that will need to be considered.

Answered on 11/03/99, 5:04 pm

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