Legal Question in Family Law in Texas
I am the custodial parent and I freely let them go live with their father (cause my son is 14 and I felt he needed his father etc.) about 7 months ago. Now things have been reversed, however I still remain the custodial parent. Now,I see them every other weekend etc... But if it is my weekend to see the kids, and if they don't want to come see me, do I have a right to make them come see me anyways? I miss them alot and now that they don't live with me I miss them more so I cherish my time with them. So, to sum it up, because my ex claims that they don't want to come see me, can I make them come see me regardless of what he or they say or feel? Thank you for your time
1 Answer from Attorneys
You are in an interesting situation.
There's a court order that says that you have possession of the children (that is, they live with you) except for the times that Dad has visitation. Your order tells you when Dad has the right to possession; you have them at all other times.
Any agreement you made with Dad does not alter the court order.
Your remedy, if Dad withholds the kids from you, would be to file an application for a writ of habeas corpus to compel the return of the children.
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