Legal Question in Family Law in Texas

My ex-husband has not exercised his right to visitation with our fifteen-year-old son in over six months. The last time he did, they spent less than an hour together before his dad brought him back, saying he didn't want to see him again until he could "act happy." Our son has reported instances of verbal and physical abuse over the years (no visible injuries- things like being put in a choke hold, having objects thrown at him, etc.) so he has been happy not to go for visitation. He has even requested that the two of them go to counseling, but his dad has refused. My question is this: What will be the legal repercussions if my son refuses to visit over Christmas vacation, as his dad is now demanding that he do (and the visitation agreement stipulates)? P.S. My son has been in counseling for over four years, and his counselor has advised that he not spend unsupervised time with his dad until they work through their issues with an objective third-party.

I know the obvious answer is to hire a family-law attorney in my area, but I can't afford one.


Asked on 12/22/13, 2:03 pm

1 Answer from Attorneys

If the father appears at the time and place ordered in the possession order for Christmas vacation and you do not release your son to the father then you are in violation of the possession order. That could lead to enforcement and modification proceedings against you. It will also make it more difficult for you to prevail in modifying the possession order yourself.

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Answered on 12/22/13, 4:09 pm


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