Legal Question in Family Law in Texas

Im trying to file a motion to enforce visitation and a motion to modify visitation with my husbands daughters mom. I need to know what steps I need to take. She moved to Loveland CO. when the child was 3 yrs old. The visitation papers were filed in Brazos County. The child is now 9 yrs old and the fathers hasnt seen her since. The mother will not fly her down to see him, even though we have offered to pay for the round trip flight. If he goes up there to CO., she can say no & we've driven all that way for nothing. Larimer County states an officer there wouldnt be able to make her give the child to him on the day & time the visitation papers state he can have her. I just need to know the proper steps to take & what motion should I file in the Brazos County & which one or ons I need to file in Larimer County to take her to court to modify the visitation papers. I think we will have to drive to Loveland to go to court but Im not sure. We cant afford to hire an attorney so Im trying to find the papers to print out so we can file them. Oh there is no geographic restrictions on his visitation papers but it does say if she moves, she must file with the court to modify the visitation. She hasnt done that at all.


Asked on 10/08/12, 5:36 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You need to have a lawyer look at your decree, especially the requirement that she "file with the court to modify visitation." I don't think I've ever seen anything like this.

You will probably have to go through the UCCJEA procedures, and you just can't do this without a lawyer. The case will probably (almost certainly) end up in Colorado.

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Answered on 2/20/13, 2:38 am


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