Legal Question in Family Law in Texas

Visitation

I have been divorced for 6 years and my decree was to state that my ex is to pay expenses for my son to visit him bc he is more than 100 miles away. However in reading it it states roundtrip airfare on a non change flight. I do not have the decree with me so I do not have the exact words. Anyway the airport my son would be leaving out of is more than two hours away from me and my ex does not pay child support. I do not have the gas money, not to mention the hotel money since the flight leaves at 7am, to spare. What choices do I have. What would happen if I cannot get him to the airport? I have asked him for the money for the expenses such as gas food and hotel and the minor fee and he says he does not have to pay my expenses. I know I told my lawyer to include that but from what I read it only states the plane stuff. I may not be reading it right. If you need more info on this please email me. I would also like to know if I have the right to not send him due to the fact that his step mom has a general power of attorney with durable provision for my ex bc he has Multiple Sclorosis, but she has hepititus C so I do not feel it would be safe to send him anyway. Please help me. By the way he is $9000 behind in child support.


Asked on 5/06/06, 12:43 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Visitation

You have several separate issues.

First, file contempt on him for non-payment of child support.

Second, if you don't send the child you will be in contempt of court. However, he will have to file contempt against you.

Third, someone having M.S. or hep. C is not enough to stop visitation. A person with Hep. C can do certain things to prevent the spread of the disease. However, if no pre-cautions are being taken then perhaps a modification of the visitation should occur.

You desperately need an attorney in your area to talk to for more specific advice.

You've asked many complex questions that cannot be adequately handled in a free email.

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Answered on 5/08/06, 2:26 pm


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