Legal Question in Family Law in Texas

I currently reside in Houstont Tx. I have a 14 year old son that doesn't want to see his dad anymore. His father was not consisitent with the visitation over the years and always gave the kids the choice to come or not. Just recently he has told me he wants me to drop the rears and he will let the kids off the hook and continue with child support. This past weekend I drop my son off at his dad so he took off. His dad the best he can do is report him as runaway and he will continue to go this route if he doesnt go with him on his weekend. My son has told me he doesnt want to go and that his dad just verbally abuse him. What can I do to resolve this issue?


Asked on 4/27/10, 8:23 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Some judges believe that parents should control their children. You don't let a 14-year-old tell you what time he's going to bed, or what time he's coming home after being out with his friends; you should certainly take control over whether or not he complies with a court order.

On the other hand, there may be a valid reason that your son doesn't want to go for visitation, and if Dad isn't pushing it, then it shouldn't be a problem. Your visitation order doesn't REQUIRE Dad to exercise visitation; if the son doesn't want to go, and Dad doesn't want to force the issue, then it isn't a problem.

I'm not sure what you mean about dropping the arrears. This is a separate issue. An agreement to "forgive" back child support has to be approved by the Court (Williams vs. Patton, 821 SW2d 141).

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Answered on 5/02/10, 9:13 am


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