Legal Question in Family Law in Texas

I have a daughter that is currently 2 y/o and lives with her mother. When we went to court I was given a step program of supervised visitations due to her being under a year at the time. I asked her to allow someone else to supervise the visitations and she would not allow anyone other then herself supervise the visitations and only could be done at her home. I completed my 10 supervised visitations and was ready to move to the next 4 hr un-supervised but she informed me that I did not stay a total of 4 hours each time so they did not count and I could not move to the next step until I had completed a total of the 40 hours. Mind you, I only left early when she went down for her nap and she expected me to stay while she was napping so that she could "teach" me how to do things. (I have 2 other children from a prior marriage that are 15 and 13). Prior to our split (we were not married) she spend numerous times at my home with the baby over a 2 month period and left her with me countless times alone and confident with my ability to care for her. After a few times of letting me take her for a hour or so but coming back to her home and finishing the visit there I finally gave up. This woman made it unbearible to be around and I did not feel comfortable being alone with her, nor did she want my wife to be present, however before she would let it go any further she wanted to make sure my wife was suitable to be around our daughter (my wife has a 5 year old she raised as a single parent), again, so I finally gave up. The every weekend of driving a hour and half one way only to be denied time and time again finally took a toll on me. I had to local police report document that I tried to pick her up and was denied visitation but they would not enforce a visitation order. A year has gone by that I have not seen my daughter and I have decided that enough is enough and she is not a good enough reason to keep me away from that precious baby. I have submitted a request to the C/S division that has our case for a review due to my wife having our baby since the order was established and also to move the court to her now local county along with adding my name on the birth certificate and changing the last name to mine. What will happen when we go for a review and I ask to modify the visitation so that I can start seeing my daughter again. I don't know what part we will start at because I know I will have to re-establish that bond that has been broken by my being gone for a year but I want to do what ever I can, but I know her and she will not compromise with me on our own and will want me to start back at point 1 with her supervising and at her house and that is just not a possibility at all. What kind of advice can you give me on this situation?


Asked on 1/27/12, 1:31 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

First, the AG is not going to get involved in modifying the possession and access order. If the two of you don't agree to an order, the AG will not deal with the issue because they are not allowed to. Once a parenting plan is in place, the AG's role is to deal with child support issues.

It sounds to me like you need to file a motion to modify the parent-child relationship and seek a new possession and access order. I can tell you this: The court may not be very sympathetic with your situation. If you had done all that you were supposed to do under the prior order, however unbearable baby mama made it for you, you would be done with this by now.

My advice is to either start the program over again and follow it exactly as it is written, no matter how painful she makes it, or go to court and seek a new order.

I don't mean to beat up on you. I understand that she has been painful to deal with. But when you have a plan put in front of you, you just have to deal with it and work through it. She may get admonished for being difficult, but that doesn't change your situation. Just work the plan and you'll be done with it.

Good luck!!

Read more
Answered on 1/27/12, 10:55 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas