Legal Question in Family Law in Texas
Providing Insurance Coverage and Visitation
I have a 4 year old child from my marriage that dissolved 4 years ago. For the 2nd and 3rd years of the child's life. My ex husband did not excercise his visitation nor pay support. After going to court he was awarded visitation in state (he lives in another state) for 1 yr before resuming std. visitation. He has missed 6 ms. and still insists on resuming std. visitation for this x-mas. He has also changed her insurance coverage to a plan that only covers his state and I have to pay out of network charges for her to see a dr. in the state she resides. Can I delay std. visitation based on the missed months and Is the insurance coverage he provided ok?
1 Answer from Attorneys
Re: Providing Insurance Coverage and Visitation
Your ex-husband is playing games with you. You should follow the current order or you might be held in contempt. He does not have to exercise his possession.
You should be able, however, to obtain a modification of your order. The fact that he has not visited WILL be evidence in that effort. If he has had no contact with the child, then the court will likely limit visits at first.
You can also likely get the order modified to require that he carry insurance that is worthwhile.
Finally, is he caught up on his child support? If not, then the modification should be joined with a motion for enforcement and your chances of obtaining attorneys fees from him will be increased.
Good luck.