Legal Question in Family Law in Texas
my ex has summer visits but
i have custody of our 12 year old daughter,he lives in arizona i live in texas,she has not been with him in 7 years,now we are divorced and he gets her in the summer but she dont want to go,do i have to send her if she is scared to go there and he did not even want her before and just now he does,but she dont want to fly are be away from her brothers and sister,and be with a stranger with her four kids and her dad,he told me she has to go no matter what,i told him if he forced her she may resent him.i dont know what rights she has,he said he could get a sherriff to come with him to get her or his sister,i dont even know if that is allowed,i dont know what to do,i just want her happy and if she does not wanna go that should be ok,please help me with the answers,thank you,oh he is so against god and we go to church ,my daughter loves church and he said she has to do what they believe in while she is there,she does not wanna be in his life ,he has not been in hers since she was 4 she loves my husband i have now
2 Answers from Attorneys
Re: my ex has summer visits but
Visitation is a court order. No where in the order does it say "if the child wants to go". You may have good reasons for not going, but you will have to convince a judge. It might be better for you to take the initiative on this rather than wait for him to file for enforcement and contempt. Maybe he will do that and maybe he won't. You know him better than I do.
Re: my ex has summer visits but
I agree with Mr. Grissom. My experience is similar situations is that the judge may order a 'gradual' visitation plan to allow the 2 to get to know each other, before plopping her down in another state for two months. I doubt if the judge will stop the visitation though.
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