Legal Question in Family Law in Texas
Visitation
My ex-wife and I have joint custody of my three-year-old daughter. I am the managing conservator. My daughter lives with me in Lubbock, TX. My ex-wife lives in Carrolton, TX which is approxiately 370 miles from Lubbock.
My ex-wife has not made any attempt to see my daughter since May 22,2003. She called on Saturday and wanted me to leave my job and meet her in Abilene which is is a half way point between residences. I could not walk of the job and drive my daughter to Abilene. Now she is insisting that we meet mid-week.
My ex-wife has another child. She has not paid child support for more than a year and consequentially there are two warrants for her arrest. One warrant for failure to pay child support. The other is a felony warrant because she signed a contempt order in August which she violated.
Guardian Ad Litum has advised the father of my ex's other child, that she will be picked up on these two warrants in the next 7-10 days. Does this knowledge provide me with an exceptable reason for refusing to allow my daughter to go to Dallas? I am six hours away. There is no one in the Dallas area who could care for my child until I could get there.
1 Answer from Attorneys
Re: Visitation
I don't practice law in your part of the State but I'll try to give yu a brief answer.
Read your final decree of divorce or the last document the Judge signed (could be a modification). That is what is binding upon you. What does it state about visitation? Who is responsible for driving? What are the mother's visitation periods? All of these quesions are relevant. You need to follow what you were ordered to do.
Of course, if she is a danger to your child (on drugs or drunk, etc.) then you need to file a modification of the last court orders. You did not mention anything like drugs or alcohol or that she was a danger to the child but I just wanted to mention it.
Good luck!
Fran Brochstein
www.familylaw4u.com
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