Legal Question in Family Law in Texas
My husbands ex-wife is the custodial parent. The divorce papers state that the parties are to agree on visitation and access by my husband shall be at times mutually agreed upon by the parties. The children are 14 and 15. We are having trouble with the 15 year old not wanting to come over, and the ex-wife is not agreeing on times for us to see her. The ex-wife is also discouraging the daughter to come over because of past problems during the marriage, that ended 5 years ago. How do we work this out that we can see the kids?
1 Answer from Attorneys
Does the order ONLY say that visitation is "as agreed upon"? Is there no fallback provision ("In the event the parties cannot reach an agreement, Dad shall have the children as follows ....")?
If there's no fallback provision (something that kicks in when you can't make an agreement), then the order is useless, and you need to go to Court to get it modified.