Legal Question in Family Law in Texas
Visitation in the summer
The children will spend 6 weeks with their mother in Alabama during the summer. Last time they were there, they had to sleep on the couch, got bitten by a dog (the mother has five dogs) and came home covered in flee bites. I am worried about the well being of the children while in their mothers custody. We don't know who is going to care for the children while they are with her and both the mother as well as the childrens maternal grandmother has by-polar disorder. The mother is not paying any child support, because it is not ordered by the court and she is not supporting the children in any other matter. What can we do? I really don't want to go to court and fight with her, for the childrens sake.
1 Answer from Attorneys
Re: Visitation in the summer
You can refuse to send the kids. This, of course, is called contempt of court and she can go to court and ask the judge to hold you in contempt of court. Your current legal document should explain all the things the judge can do to you -- usually legal fines ($ and all of her attorney fees and expenses) and/or jail.
The only way to get child support is to ask a court to order it.
If the situation was horrible when they returned from last year's summer visit, why did you not file for a modification then? The court is going to wonder why you waited so long. You won't automatically lose, but waiting over 10 months won't help your case.
I don't see any way to do anything without upsetting the mother.
If her bi-polar mental situation is potentially dangerous to the children, you should modify.
If her mother lives with her, then the grandmother's mental situation is of concern if she is potentially dangerous.
You did not state the children's ages. Hopefully they know how to call you during their visit in case something dangerous or life-threatening occurs.
They should know how to call 911 and use 1-800-call-collect. They need to have your phone number(s) memorized.
IF you want to modify anything, you go back to the court that did the last legal document. If everyone has moved from that county, then you can file elsewhere.
Sleeping on a couch, dog bites and flea bites are not "life threatening" generally. If the dog bite required stitches, that is much more serious that a "nip".
However, a change of visitation is appropriate if the situation is "life threatening".
Good luck!
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