Legal Question in Family Law in Texas
My daughters father (29) lives in a 2 bedroom 1 bathroom home in Texas with his mother, step father, step sister and step brother (who recently failed drug rehab and was relieved of his duties as a sheriffs officer). He is wanting over night visitation with our daughter, she is 10 months old. I am familiar with the under three visitation schedule and was advised the judge that would preside if it went to court always rules the same (no overnights until age three). This house is very small with his bedroom the smallest. His king sized bed takes up more than 50% of the square footage. With that in mind my question is would he need to get his own home or apartment before having overnight visits with our daughter? It's also an issue that my daughter has an abnormality in her esophagus and everyone but the step father is a smoker. cigarette smoke exasperates her condition as well as 2nd and 3rd hand smoke having been proven a danger to children.
1 Answer from Attorneys
There is no under-3 visitation schedule--the judge has almost complete discretion to do whatever he or she thinks is in the child's best interest. The child's father could get a hotel room on the nights he has your daughter, which would address the druggy uncle/cousin and smoking problems. I don't know that he can afford that, but that's an idea to pursue.
In terms of the druggy kid, I would think the judge would just say that your child cannot be left unattended with the druggy kid. The size of the bedroom is not material. Poor people get to have normal child visitation. The smoking is a concern, if they do it in the house.
You might have good information about no overnights until the child is 3, but where I practice, there are no judges who would do that. Don't be too confident that the judge would make that order. Again you might be right, but that is a very strange policy for a judge to have, in the absence of other factors. Be prepared to argue the druggy kid and smoking issues.
Good luck!!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
