Legal Question in Family Law in Texas

My husband and I were appointed permanent managing conservator(s) of child (whom we now call our son) about 3 years ago, with the parents being granted visitation rights. The birth parents are no longer together, however, the will call every now and then to say 'hi'. The birth mother recently got out of jail due to 4 assault charges and is calling for her visitation a year later. What would happen if we don't make those visits as we initially followed the order but she did not show multiple times. The child has no idea who she is as he was only 1 when the court decision was made. I am also a little concerned as she was just released from jail for multiple assault charges. Advice on this and/or what to do next. Thanks


Asked on 4/20/13, 5:57 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

If you are concerned that it is not in the child's best interest to resume the visits, you will have to get the order modified by the court. For now, you must follow the court's orders. HOWEVER, I would inform her that any visitation period that she is more than 20 minutes late for will be considered forfeited unless she calls you in advance and warns you that she is running late. You do not have to sit around all weekend waiting for when she deigns to appear.

You'll need a good family law attorney to pursue a modification of this order--if that's even a likely outcome. It would take an in-person consultation with an local family law attorney to get enough details from you to determine whether a modification would be granted by the court.

Good luck!!

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Answered on 5/14/13, 9:11 pm


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