Legal Question in Family Law in Texas
My husband and I live in Texas. Our daughter passed away 7 years ago and my husband and I have Joint Managing Conservatorship of her two boys now ages 17 and 15, because the boys dads parental rights were terminated 7 months after our daughter passed away, because the dad and step mom were very, very, very abusive (all 3 abuses).
Through the court order, the paternal grandmother was given 1 hour of supervised visits a month. These visits are to be supervised by my husband and myself.
The boys no longer want to have the 1 hour visitation, and the court order doesn't give an age of how long they are to have the 1 hour visitation with her, only the dad is ordered and decreed not to have any contact with them until each child shall attain the age of 18 years.
Can we stop the 1 hour visitation with the paternal grandmother without having to go back to court? She never came to court during all the 7 months of very hard hearings and neither did the dad or step mom. The paternal grandmother said she found out she had her 1 hour supervised visit 1 time a month through her son, the boys dad. Thank you for you advice.
1 Answer from Attorneys
An attorney would have to see the order that the judge signed. All of the orders I draft and most of the orders drafted by all other Texas attorneys say "The above orders regarding possession and access remain in full effect until the child reaches the age of 18 or is otherwise emancipated." If the order contains language to that effect, then no, you can't just stop it without further order from the court.
Even without that specific language, I would not stop the visits without a court order. You don't need her suing you to enforce the order and then you having to defend against a lawsuit asking that you go to jail for violating a possession order.
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