Legal Question in Family Law in Texas

my son just turned 12 and hasn't seen his dad in over a year. today, we received a text message from his father stating he was taking me to court because he doesn't get to see him. The facts are, my son knows the kind of person his father is (jailed for beating a girlfriend in front of their toddler sons, hasn't called for his son in over a year, has threatened that if he gets his 3 boys at the same time he would take off and nobody would see them again, basically kidnapping). I've had to talk to my son about what to do if that were to happen. He hasn't paid support in over 3 years, and just began paying support in may. My question is this - can my son tell his father that he wishes not to see him? I don't want to refuse him access... but I'm also afraid of the outcome if he does go. What are my legal options? I was informed by someone today that no contact for more than a certain amount of time would be considered abandonment...is that true as well? thanks.


Asked on 7/21/10, 3:23 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Your son's age, as well as your ex-husband's behavior, are excellent reasons for limiting contact with his dad. It is unlikely that the court will deny your ex any access at all. Contact the court clerk to find out if he has actually filed against you. Most court filings are now documented online and you can see if he actually filed. Contact a lawyer to be proactive. Even if he has not filed, you are bound by the original order giving him visitation. If you want to limit it, your attorney will file to modify the order as to possession; and enforce the order as to the past due child support. If you refuse access in violation of the court order, you run the risk of being in violation, and thus in contempt.

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Answered on 7/22/10, 5:10 am


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