Legal Question in Family Law in Texas

NCP not exercising visitation

My husband is the NCP of a 7 year old. He and the CP were never married nor in a relationship when child was conceived. They currently have a standard posssesion order. CP was very good about having child ''ready'' to go with dad when child was younger (3/4 yrs old) , but as CP got busier with her job, the usual wednesday and EOW friday's were mostly left to CP's parents to take care of. My question is this: How does it affect my husband if he doesnt force visitation? He calls his child practically every day, and Wed and Fridays asks if she wants to see him. She is a very busy little girl, in many extracurricular activities and usually says no. So, my husband doesn't take the 1hr. drive to go see her practice then drive back ( we are tight on money, can't afford to spend on gas when she doesnt want to see him). Sometimes when he asks why she doesnt want to go with him she says she missses her mommy (mommy comes home late from work as her career is very demanding, so she gets little time with child). Can this in any way, other than the obvious lack of emotional bond formation, affect my husband in a court of law. Is he right for letting a 7 year old decidde whether to excersise visitation?


Asked on 5/31/07, 5:08 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: NCP not exercising visitation

Exercising visitation is a choice to the NCP father. If he doesn't use it, he loses it. You're right - for the child to decide to lose her father is a wrong choice, but the father is contributing to this. If he wants his visitation, he needs to insist on it. If the current visitation is not working, other plans can be implemented. This would require a motion to modify. Good Luck

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Answered on 5/31/07, 5:52 pm


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