Legal Question in Family Law in Texas
Is Visitation Reqired?
My son is 14.. I have primary custody of him. His father and I have joint legal custody. Does he now have the right to decide if he wants to go on visitations with his dad, even though the court papers include it? (Standard Possession Order) He recently made the decision to live with me over his father, we went to court to have those orders changed in August. Are there any repercussions of my not forcing him to go on visits?
1 Answer from Attorneys
Re: Is Visitation Reqired?
The short answer is yes -- it is required and yes there are repercussions to you, under the law as written. The bottom line however, is the judges decision after a hearing of all the issues. Are there legitimate, healthy reasons why he doesn't want to go? Is his dad going to go back to court to force the issue? Is counseling necessary to first try to repair their relationship? Are you physically capable of forcing him to go? These are all questions that would be brought to the court's attention. It is practically impossible to physically force a 14 year old boy to visit with a parent. There are better approaches, and a therapeutic effort to repair the relationship first is a better option. (Assuming that the dad is not abusive). TCL
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