Legal Question in Family Law in Texas

What options do I have when my 12 year old daughter doesn't want to fly to her fathers house for summer visitation? I have sole custody of her, with the father being granted Out of State visitation schedule. This was ordered in 2005. Her father never had any contact with her until 2014. She has visited them the past two summers but he has had minimal communication with her via phone calls. She has expressed her concerns with her father, however he has made it clear to her that she does not get a choice and she will be flying to see him no matter what. In addition, we are now Texas residents as of 2015. Her father resides in California since 2000. Oklahoma recently denied the fathers request for child support modification, stating it was out of their jurisdiction now.


Asked on 7/08/16, 3:02 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If there's a Court order in place that specifically requires you to surrender the child to her father, or requires you to put her on an airplane, you have to do it. The (rare) exception is: when doing so would actually physically endanger your child - for instance, if Dad called you and said, "Go ahead and put her on the plane. I need her here so that I can kill her." Short of that, you have to obey the Court order, or there could be consequences.

Your remedy is to file a motion to modify the decree - the terms and conditions of access.

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Answered on 7/09/16, 8:18 am


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