My question involves a child custody case from the State of: Texas
My daughter's dad lives in Mississippi and has not visited our daughter since Thanksgiving when he had her for 3 days, and then called on Christmas. We haven't heard from him since. We do keep regular contact with his Mother who lives at a halfway point for both of us, I have allowed our daughter to spend weekends with her from time to time. Just this past weekend, I denied a week-long visit request from her and this has started a whirlwind of problems for us. This coming weekend being Father's Day, he of course has visitation for the weekend, this I had absolutely no problem with, of course I want her to be with him for his weekend, especially since it's been 7 months since he's come to see her. In the original request, his Mother was asking for the week leading up to Father's Day weekend, returning her to me on Sat. Since I declined the request, she had him call me and leave a message saying he was coming into town and would be having her pick up our daughter that Friday at 6 (which is in our court order). That afternoon, he sent me an email stating that beginning Father's Day he would be exercising his 6 week extended summer visitation. Okay, he hasn't seen her in 7 months and hasn't called in 6 months and then after this altercation between his Mother and I he decides to take her for 6 weeks. She's only 18 months old and has no idea who he is or the people in Mississippi that she will be spending the time staying with. This is not fair for her, to send her off with him for 6 weeks with a perfect stranger. I went to an attorney and we have filed a Motion to Modify with the courts to do away with these extended visitations to be re-evaulated when she turns 3. My atty. cannot believe a judge signed the order I am stuck with. I never knew vistitation would be an issue which is why I went through the TX AG to begin with, my first mistake. I have been advised by my attorney to decline his requests for this weekend in fear that if I deny him the extended but allow the Fathers Day vistation that he will not return her until the end of July. What can he or is family do to me? What am I risking (obviously being held contempt of court), but what do I face? What rights do his parents have? We both have legal issues in our past, my last charges being back in 04 while being on probation for Forgery (probation originally began in 02) I was charged with POC (it was 2 valiums) and a PI which I was sent to rehab (inpatient, TDCJ) for 9 months (successfully completed), a halfway house after (early successful release) and 9 month aftercare program from which I was early successfully discharged at 6 months. I get off probation next month. He has an Aggravated Assault with a Deadly Weapon charge from 2 years ago and recently was released from TDC after serving 9 months of what was supposed to be a 2 year sentence. Can he take full custody of her given both of our legal issues? I work at an insurance office full time, she is in daycare Monday through Friday, has medicaid and is well taken care of and loved with a baby sister now. What do I need to worry about? What are his rights and mine? For what reason could he try to take full custody? This is what his family has threatened in the past and I feel that it is about to come back to that. Did I do the right thing by refusing him visitation for that amount of time at her age? It would be different if he had been visiting her all along, but nothing for 7 months...any advice you can offer is greatly appreciated as I am a nervous wreck with all this. Thanks so much and look forward to hearing something soon!