Legal Question in Family Law in Texas
Who has the rights?
I was divorced in Texas. My ex was given visitation rights over the summer,and during Xmas break including some other dates. But he never excercises his rights, his parents do. They live in texas and i live in Minnesota, so it is hard on our daughter who is now 4. His parents don't understand that they are not the ones with the visitation rights! what can i do to modify the decree to specifie that he has to excercise his right and that they can't do it for him. These trips affect my daughter tremendously emotionally.
3 Answers from Attorneys
Re: Who has the rights?
I don't know what prompted Ms. Sudduth's response to your question, but my response will be more objective directed to your representation. Although I don't agree with Ms. Sudduth's statements, You have the right to have your case trasferred to MN for administration and modification in your local county. While grandparents do have rights, they must be provided for in the final decree. Discuss this with a MN attorney to see where you have the greater advantage.
Re: Who has the rights?
Unless there are provisions in the decree providing the grandparents with the right to access and visitation, you are not required to send your daughter for visits. I am impressed with your willingness to do so - especially considering the hardship on and inconvenience to you and your daughter. However, if the decree doesn't say you have to do it, then you don't. You have every right to deny access to the grandparents. I would not initiate a modification if I were you. Why should you bear the expense of protecting their rights. If they are unhappy with your decision to deny access - or at least to limit it, then it is their responsibility to seek a modification.
I wish you the best of luck and a happy holiday.
Sincerely,
Stephanie T. Shipp
Attorney At Law
Re: Who has the rights?
Your daughter is emotionally affected by seeing her grandparents? Are they abusive in any way? It is time for you to take a good look at the situation. Grandparents are God's gift to children and Grandchildren are God's reward for having children. If your daughter is having emotional difficulties, figure out where they are coming from. Texas family code has special provisions for grandparents rights. Any 4 year old can feel tension and react to it. If there is an issue of abuse, by all means go to court and have the situation addressed but if it is your anger with in laws or with your ex get a grip and think of what is best for your child.