Legal Question in Family Law in Texas
Children in the divorce
If my children (14yo, 12yo) do not wish to go to their father's house and it is his alloted time do they have to go? Do I need to make them? There is no abuse involved.
Also, The divorce was in Montgomery county. He lives in Liberty county. I recently got married and moved to Madison County. We are less than 100 miles apart. Do we have to meet in the middle to exchange the kids or is he responsible for picking them up on his weekends.
1 Answer from Attorneys
Re: Children in the divorce
Children do not have the right to decide what they are or are not going to do. You and your ex each have certain rights and duties under your court order. If the children do not go with their father, you could find yourself in front of the Judge explaining why you should not go to jail for letting your 12 & 14 year old children run your life instead of obeying the Court. As for the pick-up and drop-off, that is controlled by the specific language of your order, but generally if you moved and he didn't, you have to take the kids to him. If you aren't sure what the order says, meet with a good family law attorney in your new area or contact your original attorney.
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