Legal Question in Family Law in Texas

Visitation enforcement with no formal custody agreement?
My fiance, who lives in California, has two children who live with their father in Texas. She and their father were never married and have so far shared physical custody just about evenly (she raised them alone for 5 years and he's had them for the past 4).

She doesn't want custody of the kids because she doesn't want to uproot them, but he's refused to let her visit the kids unless she comes and stays in Texas while she does. This is not only ridiculous as she has no resources in Texas to entertain the kids but it would also prove to be a financial hardship to stay at a hotel for so long (she wants to see them over the summer). Short of waiting for him to file for custody (which he has threatened but never followed through), what can she do to get fair visitation with an uncooperative father?

Asked on 4/27/04, 8:26 pm

Fran Brochstein Attorney & Mediator

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Re: Visitation enforcement with no formal custody agreement?

If there is no formal custody agreement, she needs one.

If the Kids have been in Texas more than 6 months then she needs to file in Texas.

I do work in Harris and Ft. Bend counties. I can refer to attorneys in Brazoria, Galveston and Montgomery counties.

My deposit to start such a case is $1,195. Then you enter into a weekly payment plan with me.

If you have any more questions, please call me.

Fran Brochstein

www.familylaw4u.com

713-847-6000

Answered on 4/28/04, 12:53 am

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