Legal Question in Family Law in Texas

Re: Joint Custody Violation

If your Mom has a standard possession order and your Dad is not allowing visitation, he is in violation of a Court Order and can be held in contempt of court for the violation, but it is your Mom who will have to file the enforcement action to enforce her rights.

To change who you are living with, your Mom needs to file for a modification of custody. If she does that, you can execute and file a Preference of Child Age Twelve Years or Older and indicate who you would like to live with. The Judge still makes the final decision, but he or she will usually take your wishes into consideration when making that decision. You will be under the Court's jurisdiction until you are 18 or graduate from high school, whichever comes last.

If your Mom wants to talk with me I offer no-cost initial consultations. Have her call my assistant, Arlene, to set up an appointment.