Legal Question in Family Law in Texas

Step-son Incarcerated Ex-wife refuses visitation of son

My step-son is incacerated. He has a two year old son. His ex-wife refuses to let grandparents see child or take him to see father in prison. The divorce decree has a visitation agreement in it. Is there anything we can do to see our grandchild and take him to see his father?


Asked on 9/26/00, 3:50 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Step-son Incarcerated Ex-wife refuses visitation of son

You son can return to court through a lawyer to request either (1) enforcement of the existing visitation schedule, or (2) modification of the schedule to permit the child to be taken to the institution by the grandparents.

You may also have independent grandparent rights of visitation, but they would not solve the problem of the mother refusing to permit the child to be taken to see the father.

There could be the view that a prison is not a suitable environment for a 2 year old child, so expect the unexpected.

Good luck.

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Answered on 10/26/00, 10:58 am


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