Legal Question in Family Law in Texas
Disappeared for 7 years.....
In 1998, my ex-husband was arrested for assaulting his then present wife and disappearing with their 20 month old baby and my two children. The police found him in a near by town hiding out in a sleezy motel.I traveled back to Texas with the children and my ex-husband seized all communication with us until December 2004. One phone call, one night, and that was it. No more contact until September 21st of this year.
My children are now 13 and 15 years of age and only speak to him on the phone every now and then when they feel like it...they do not want to visit with him. He argues with them on the phone and tells them that they will be forced by the judge and that they will have to go regardless. They would have to travel to Washington State. The phone calls have now become very disturbing and upsetting.
My children are very upset over this whole ordeal and I am lost and do not know what to tell them.
Will they be forced to visit or are they of age to where they can speak up for themselves? What are the Texas laws regarding a matter such as this?
Please help us with any information you may have. It will be greatly appreciated.
1 Answer from Attorneys
Re: Disappeared for 7 years.....
I urge you to take a certified copy of the current legal document regarding his parental rights and have an attorney sit down with you and review it.
Due to the facts you presented, some judges would be willing to consider non-standard visitation for the father. Since I don't know the judge, I cannot state would the judge in your case would do regarding the facts you presented.
Generally speaking, a child must visit his parent until the child turns 18. A child under the age of 18, does not have the right to refuse to visit the other parent. The court would hold you in contempt of court.
This right to refuse visitation by a teen-ager is a common misconception.
However, based on developing a good case to limit visitation -- verbal abuse, physical abuse, threats, etc. some judges are willing to put steps into place to protect the children from further "abuse".
Please talk to someone in the county of continuing jurisdiction.
Good luck!
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