Legal Question in Family Law in Texas

Child's rights in father's weekend visitations

I am 13 years old and would like to know what my rights are in this situation of visiting my dad.One weekend I wanted to practice for my up coming race with my mom and aunt, my aunt races too. I called my dad and left messages on his cell phone not to pick me up. The next day my mom informed me that dad said he did not get the messages that I had called and was picking me up. I called my dad and told him I didn't want to go and that he could get me another weekend but he said I wasn't old enough to make that decision. I want to race these weekends. What can I say to my dad not to come pick me up. Do I have that right to tell him I don't want to go? Can he force me to go? We argued for 20 minutes that one day but he would not change his mind. He sometimes doesn't listen to me. My mom tries to tell my dad too but he then thinks she is telling me what to say. I plan to give my dad a schedule of my races, some fall on his weekend. I don't want to miss my races or any activity that I might have planned like sometimes camping with my friends.Can you help me with what I might tell my dad? Am I old enough to make that decesion myself or does my dad tell me what to do?


Asked on 1/30/06, 10:16 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Child's rights in father's weekend visitations

No question, divorce is so hard for kids -- having to divide up their time between parents, activities and friends. First things first -- as long as your dad is not hurting you, then he is the boss on this issue. He wants his weekends, because he misses you, not to punish you. So the ideal solution is to convince him that you want both to see him, and to maintain activities and friends. Try a compromise -- show him your calendar/schedule - ask him to check your calendar online -- ask (not tell) him if he will help you train/participate/attend races. Rather than shut him out, try to include him. If that doesn't work, get your mom's advance permission to trade weekends -- legally they can agree to anything that is different than the schedule. Get her to agree in writing that she will trade off weekends to accommodate him and your races. There will be some activities that you will have to forego in order to spend time with him. The more reassured he is that you love him, and want to spend time with him, the more agreeable he will be.

If ABSOLUTELY all fails, ask your parents to attend mediation with you. This is not a therapy session, it is a legal session, where an attorney/mediator resolves a legal issue for the court. It could be your solution if all 'friendly' approaches fail. Email me if you have other questions. TCL

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Answered on 1/31/06, 7:32 am


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