Legal Question in Family Law in Texas
My son went to visit mother and was removed by cps...they released him and advised me to seek to stop visitation. He is 13 and doesn't want to go see her now because he is scared. There is another child that was removed from home too. Now I have to file modifications for visitation and being told it will cost almist $4000! I have to pay gor her breaking the law and the visitation agreement by using alcohol? ?? Is there any other way? She is possibly going to be in jail soon too.
2 Answers from Attorneys
Unfortunately modifications are usually very expensive because they are almost always contested and result in a trial or mediation. However, your attorney can ask for the other parent to pay for the court costs and attorney fees in seeking modification so that you are not out of pocket. The judge does not have to award attorney fees but usually they will, particularly when modification is based on what it sounds like is child endangerment. Whether the mother has the funds or will have the funds to repay you for the attorney fees and court costs may be another matter altogether.
I agreed with Mr. Kielich, and want to add that it might not be as offensive to you, if you consider that you are not paying for her bad behavior, but are paying to protect your son from future harm.
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