Legal Question in Family Law in Texas
seperation agreement
My daughter in-law filed for divorce right before my son was going to. They have a 4 year old.(then 3)
His visitation was set @ the seperation hearing. Soon after, my sons work schedule changed & he asked his lawyer to go back to court to modify orders(his wife would not agree to his request to change) His lawyer warned him that ''the judge does not like her orders challenged'' Sure enough, the lawyers & judge went to chambers & not only was his request to modify denied, his visitation was reduced, not even allowing for overnite visits or holidays. His (soon to be ex) wife would not even allow him to see their daughter on Christmas day. He is so distraught that he will not even go get his daughter on his allowed 1st 3rd & 5th Sat & Sun 8am - 8pm. Further, my daughter in law allowed me to pick my grand daughter up 2 different times@my sons allowed times when he couldn't get off work. But the 3rd time she allowed was 3 days before Christmas, & she only allowed us 3 hours together. After the seperation my daughter-in-law told me several times she wouldn't keep us from seeing our granddaughter, but all requests since 12-23-07 visit have been ignored. My granddaughter used to call 4-5 times a month, now nothing. What can we do?
1 Answer from Attorneys
Separation Agreement
1. Your son is acting like a child. If he loves his child, he should take advantage of every visit. If he does not visit his child during the separation, then he is only hurting himself. Being distraught is no excuse not to visit your child!
2. Normally in a divorce if the parties cannot agree, then mediation is the next step. Many judges will NOT have a trial if the parties have not attended mediation. However, the judge can waive this requirement.
3. You obviously do not understand Texas visitation. One parent has the child on Christmas day and it varies each year. You can go to the Texas Attorney General's website and I believe the Texas Standard Possession Order is on their website.
4. If you want to visit your grandchild, you need to be nice to your daughter-in-law.
5. You do NOT have standing to intervene in this lawsuit.
6. Normally your son can designate who he wants to pick up the child for his visits. He can designate you to do the pick ups and drop offs.
7. To know what was ordered, you need to read the signed temporary orders. These are public documents and you can order a certified copy by going to the courthouse and ordering a copy.
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