Legal Question in Family Law in Texas
Visitation Issues
Divorce is final - standard possession order in place - he gets the 1/3/5th wknds starting on Fri. He repeatedly misses weekends. He lives w/ his mom, my daughter hates going over there. They love to trash talk me, and tell her how much she reminds them of me. She's only 9 - what are the rights? My son, who is 7, is glorified. Gets anything he wants. My daughter is shunned. When they are over there, the father isn't. They spend all time w/ the hateful grandmother. There is no communication. My daughter isn't allowed to call me. If the father isn't even there, do they have to go?
1 Answer from Attorneys
Re: Visitation Issues
The father is entitled to his visitation according to the order. You should seriously think about attempting to have the visitation modified if the father is not exercising his visitation rights. Your daughter should be allowed to call you. Both your son and daughter are at a very impressionable age. The difficulty of being granted a modification depend on many factors including the amount of time since the divorce and the county and court it is in. If you decide to seek a modification, you should visit with an attorney.