Legal Question in Family Law in Texas

Visitation Modification

The child's mother and I agreed upon visitation days and times in Dec. '07, but my lawyer forgot to add any holidays. In late Jan. '08, I found out that she has moved to another county without informing me or the courts within 60 days. The substancial distance in the child's new address causes a problem for me to get there within the agreed upon time. Can I get the order that was done in Dec. modified w/o going back to court, or do I need to file a new motion to revisit the visitation order in court?


Asked on 2/18/08, 9:15 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Visitation Modification

In order to be enforceable, you need to modify the current order signed by a Judge.

If she moved to a county not allowed, then you can file contempt on her.

The Judge might order her to pay part of your attorney fees.

The 60 days only applies IF she knew 60 days in advance of the move. She'll testify that she only decided to move with ___ (ie - 2 days) notice.

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Answered on 2/18/08, 9:49 pm


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