What Grounds Do I Need to Change Visitation

[worriedmommy]

My question involves a child custody case from the State of: TX
My order is in Texas from 2007. The child and I reside in LA for the last 2 years. The father still lives in Texas. He has not exersized his visits until Dec. of last year. Early 2011 Texas filed contempt of no child support. He counter filed for full custody and began exersizing his visits dec of last year. He has standard visitation, so during school my daughter goes to TX every 1st 3rd and 5th friday. He gets her for 42 days in summer, which started June 1st. I had my first weekend with her and she is reallly home sick. She was really upset and seemed kind of depressed about not being able to come home. I understand she will adjust to all this but isnt this a bit much for a 6 year old? Is there anyway to have visitation changed due to the stress it causes her? I was just wanting something where at least I get her every other weekend during fathers summer visitation, at least till she gets older.

Few things:
Child is 6.
While over there they tell her horrible things about me (recently told her that I tell them I am going to kill myself)
This is child's first summer visit with father.
Child wants to come home.

Also wanted to ask another question about my attourney. He has not filed anything this whole time trying to keep my fees down, we have been in court since 2011. He wanted to file contempt for medical support but wanted more money. I told him I didnt want to do that becuse it would cost me too much for the amount I was going for. The next day he sends me a copy of a petition he filed a day later. The petition he says is just a response to my ex's petition, but in it he makes claims of family violence and is requesting supervised visits for father. He did not ask me before filing this but I am not sure I agree with it. I do not have enough evidence to go for supervised visits. Does he know something I dont? Should I get a new lawyer?

[Mr. Knowitall]

Neither fact that dad is exercising his visitation rights nor the fact that your child is a bit homesick on her first extended period away from home are grounds to modify the present order.

If you don't agree that the allegations in your lawyer's petition are true, you quite obviously should tell him not to file. If they are true you haven't shared any relevant details with us - so talk to your lawyer.