Legal Question in Family Law in Texas
Do the children have to go
I have primary custody of my kids and my ex wife has standard visitation rights to them. The problem is they don't want to go see her when it's time for them to go. My daughter is 13 and my son will be 12 Saturday the 12th. If they don't want to go, do they have to.
2 Answers from Attorneys
Re: Do the children have to go
Visitation is determined by a COURT ORDER. Check the language of the order to see if the ORDER gives the children the choice to go. If there is some valid reason why they don't want to go, that can be addressed in a Motion to Modify.
Re: Do the children have to go
I agree with Mr. Grissom. Additionally, I suggest that clients take a proactive approach in these cases. Sometimes there is something bad happening at the other parent's house, but the child is hesitant to 'rat' on them, and instead tries to avoid going. Other times, visitation interferes with teenager friends and activities, and then the parental relationship suffers. If mom is not a threat, then she needs time with the kids to repair the relationship. Try counseling or mediation to find a workable solution. Don't just give in to them, though -- Mr. Grissom is right you could be in contempt if visitation stops, without a valid reason and without court authorization.