Legal Question in Family Law in Texas
Childs Rights to Visitation Orders
I have Two Children (8&4) and My ex-husband has normal set visitations with the children. When we were going through the divorce his lawyer imformed him that he does not have to exercise his visitations when he does not want to w/out any penalties. Because of this statement he is constantly threatening me that he is not going to pick up the children. He is supposed to pick them up on Wednesdays @ 6:00. He calls up till about 5:45 saying he is not picking them up. He called the children today and told them not me that he was not picking them up for easter because he was going out of town. This is causing stress on me and confusion on the kids. What is the point of setting a visitation schedule signed by a judge if he does not have to follow it? My questions is what are mine and my childrens rights in this matter? I don't want to take visitation away from him, just want him to have to follow the schedule. It seems he has all the right and we have none.
2 Answers from Attorneys
Re: Childs Rights to Visitation Orders
He has given you advance notice that he is not coming to pick up the children on Easter. The good news is that he has given you enough time for you to plan a wonderful week-end with your children!
If he is not seeing the children and, especially the youngest, one does not remember him, you might want to consider modifying his visitation.
If he told you he won't take the kids, then you are free to make your own plans and not be home waiting!
If you live in the Houston area, please give me a call if you have any more questions at 713-847-6000.
Good luck!
Fran Brochstein
www.FamilyLaw4u.com
Re: Childs Rights to Visitation Orders
If he generally does not exercise mid week visitation and only gives you 15 minutes notice that he will not be there, you may move the court to remove his right to visit with the children on that day so as to allow you to live a normal life.
http://www.reasonable-doubt.com
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