Legal Question in Family Law in Texas

My divorce decree states that my Xhusband father of my three children has summer visitation from July 1st to July 31st if writen notece is not given before April 1st. Today is July 20th and he phoned tonight stating he was going to pick up only my 11 yr old on sat. " because he can pick him up when ever he wants.Can he do this? He has put these kids through so much that my now 19 yr. old has not spoken to him since he was 13 yrs old. He is still in counsling. He also call the begening of this month to invite the kids to go to Colorado . I thought this was great until his new wife texted my 17 yr old daughter and told her that they were not planing on taking her just my 11 yr old. This broke my daughters heart. How does a mother protect her children from emotional hurt from their own father.My question is has he forfited his visitation already by not picking up the kids on July 1st.


Asked on 7/20/11, 7:58 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

I would argue that if you already had plans for the kids, particularly plans you had paid for (eg, a summer camp), that he has forfeited his right to interrupt those plans. But if the kids aren't really involved in anything, I don't see what legal basis you would have for denying his possession, hateful though it might be.

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Answered on 7/20/11, 8:33 pm


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