Legal Question in Family Law in Texas
visitation
The mother kept the kids from their father over christmas break. The grandma went to see the kids at school. My neice was crying because she wants to see us. She asked her mom to please let her see us. the fathers weekend is this weekend. However, the father got put in jail over the holiday. The grandma said she would pick up the kids at school. The mother said only the father can pick them up. Does she have the right to deny the grandma from picking up the kids, when she has almost always picked them up before? The father asked the grandma to get the kids.
1 Answer from Attorneys
Re: visitation
It depends on the language of the decree/most current order. The visitation period extends to the dad, not the grandma. However, some decrees provide that the possessory conservator can appoint any competent adult to pick up the children. It may be necessary to get a judge to clarify these issues, especially if dad is going to be in jail for awhile. Additionally, mom may ask for supervised visitation, depending upon dad's conduct, the nature of the charges, and the outcome of the case.
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