Legal Question in Family Law in Texas

Visitation rights

I have custody of my daughter. My ex-wife has not seen my daughter since March of 2002. In the last 2 1/5 years, she has seen her only twice. I received a letter on Tuesday, informing me that she will be here to pick up our daughter on Friday. She lives more than 100 miles away, and is required by our decree to give 7 days notice. Can I refuse to let her take my daughter? My ex-wife is also in arrears on her child support. My daughter is currently in therapy, and my ex-wife has been told on numerous occasions that this kind of inconsistency and instability is harmful to our daughter. My ex-wife is also bi-polar, and I believe she is a flight risk.


Asked on 11/13/02, 2:14 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Re: Visitation rights

If the decree requires seven day's notice, then you can rely on that and not make her available. I would not have her at the house at that time so that you do not cause a scene in front of your daughter.

If her inconsistency can be proven to be harmful or if you can prove that she is a flight risk, then you must go back to court and obtain new orders providing for restricted possession (such as supervised visitation). If you don't and then if you refuse to let her have the child, then you might be found to be in contempt of court and possibly fined or jailed. You need to do this before she gives you proper seven day notice.

The fact that she is behind on child supoport is totally irrelevant to the issue of possession.

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Answered on 11/14/02, 6:47 pm


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