Legal Question in Family Law in Texas
A childs right to privacy during visitation
Is there any rights that a female child has when visiting her father? He is living in a one bedroom apt with his brother and he sleeps on the couch. My daughter does not feel comfortable undressing in front of her father or sleeping with him. She is 8 years old. Can overnight visits be denied?
1 Answer from Attorneys
Re: A childs right to privacy during visitation
Although courts differ, I doubt a court would look
kindly on denying visitation on the facts you stated
because there are less drastic measures that could be
done. If talking with dad doesn't get results, you
could file a motion to modify and attempt to have a
court order him to make better sleeping arrangements. You
never know if it will work, but I would think a court
would do something because she will at some point be
15 or 16 and sleeping with dad at that age would likely
be seen by the court as a big problem. Note that this is
all my opinion; other attorneys may have different
opinions, but the opinion that matters is the judge.