Legal Question in Family Law in Texas

Child's rights to refuse visitation

I have joint,physical custody of my now 12 year old son.

His biological father sees him 2 times per year with

infrequent phone calls. He lives more than 200 miles

from us. My son wants to know if he can legally refuse

visitation now that he is 12 years old. He does pay

minimal child support. This is causing some anxiety for

my son, now that the holidays are around the corner.

Any help is appreciated.


Asked on 9/18/02, 9:40 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Child's rights to refuse visitation

Generally, a child has no right to refuse visitation and, frequently, the court will want to know if the residential parent is creating the problem.

If there is some sort of abuse or other issue, then the court might order supervised visits. Also, if the father only sees him two times a year, then the reason might be relevant.

As to the support that you mentioned, is the "minimal" support the amount ordered? If not, you can go to court for the arrearage. Of course, he can go to court to get it reduced if circumstances have changed, but he cannot have the arrearage reduced.

You need an attorney to help you with this.

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Answered on 10/03/02, 5:49 pm


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