Legal Question in Family Law in Texas

Ex wife demanding more visitation

My husband is the custodial parent of his 8 yr. old daughter. The mother of the child moved out and voluntarily gave custody to my husband.The decree only states that she must maintain health insurance on the child. There is a standard visitation agreement in place. The

ex wife has decided that she wants to see the child whenever she feels like it. I am the person who cares for this child on a day to day basis. The mother doesn't live in our town, but lives about 45 minutes away. She never calls her child, and she doesn't participate in her schooling at all. She wants the decree to state that she can see the child whenever she wishes. I suppose my question is what are the chances a court would give a non custodial parent who walked voluntarily away from their child unlimited visitation rights? We have only asked that she abide by the schedule set forth in the Divorce Decree. If she decides to go to court, we will seek child support as well. She doesn't want custody of the child. How reasonable is her belief that she will prevail in a court battle?


Asked on 9/27/99, 1:29 pm

1 Answer from Attorneys
Alicia Fortson Law Offices of A. G. Fortson

Re: Ex wife demanding more visitation

Your question involves to many possibilities to answer in a short email posting. I suggest you contact an attorney in your area and explain the situation. I can tell you that a judge will consider what is in the best interests of the child. If the court determines that more or less visitation is in the child's best interest, then s/he may order it so. Again, the facts of each case may dictate a different outcome.

If I can be of further assistance, please contact my law office at 214-712-9242.

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Answered on 10/16/99, 12:54 am


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