Legal Question in Family Law in Texas

I live in Texas and have been divoced for 2 years. I am having trouble with my ex taking advantage of the visitation schedule. Due to his work schedule he is allowed to select 10 days each month for his visitation. He works 24 shifts twice a week. Recently he has selected visitation days on days that he works and is leaving our daughter with his girlfriend for 24 hrs at her house. Our daughter is 10 years old, the girlfriend has not even been desigated as guardian by my ex for medical purposes for my daughter. Can my ex have someone watch/care for our daughter on his visitation days when he is not even with her? How can I stop this right away, or can I ?


Asked on 6/08/10, 10:35 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

The general rule is: he is allowed to leave the child in the care of others, just as you are allowed to do so. The caretaker should be someone who is sober and responsible.

If the child is being mistreated (or neglected) by the caretaker, that's a different matter.

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Answered on 6/09/10, 4:52 am
Fran Brochstein Attorney & Mediator

I agree with Mark. Unless the "babysitter" is a registered child molester, you can't do anything. Hopefully the girl friend is nice and your daughter will have a nice time.

If I were you, I would encourage your daughter to look on it as a "fun" trip and try to have a nice time.

Hopefully, the girl friend will do "girlie" things with her and they will have fun. That's better than being left home alone or just being put in front of a t.v. for a week. So it could be a lot worst!!

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Answered on 6/09/10, 8:55 am


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