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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default What to Do About Problems When Child is Visiting the Non-Custodial Parent

    My question involves a child custody case from the State of: Texas

    My daughter is 13 and lives with me full time. I am the Dad.. I know rare. Ok so the story first, then the question.

    My Ex and I have joint custody but my daughter chose to live with me. She is suppose to do the normal visitation, first, third, and fifth weekends, Thursday 2 hours. even year spring breaks and 30 consecutive days in the summer. The norm. Also pay for 50% of all expenses and bills for her daughter.

    Ok so the story. My Ex filed on me and didn't fight for her daughter. We have a 20 year old son that refuses to talk to her, plus we have our 13 year old daughter that isn't a fan of her mom either. She has not picked her daughter up in 10 months for a regular weekend visit. The thursdays maybe 3 times in the 10 months. Not a huge deal to me, but she hasn't helped financially at all. Her weekends she never once contacted me to let me know she wasn't coming. She just would not show. She didn't call or show up for her spring break or her summer visit, she would never answer my calls or my texts. She would try to coordinate with our daughter and refused to talk to me. Placing our daughter in the middle. Finally I had to get my daughter a new cell number forcing my Ex to talk to me. Mean while my EX has been on a cruise, to miami, and snow boarding in the last year. She is living a party life style and to be frank she cheated on me with a married lady and is now dating that married couple. Just this week she text and said she is picking her daughter up for her regular weekend. Well, I told my daughter she had to go because the custody papers say I cant keep her from her mom.. So I talked to my EX and made a request that she would spend time with her daughter and do not take her around the married couple she is dating.

    So she picks our daughter up on time on Fri. and immediately takes our daughter to their house to let our daughter play with the married couples kids while she partied with them. Drove home that night and returned saturday. Saturday they went to a local bar restaurant where my Ex started drinking and sent our daughter in her car with some teenage girl driving it to take her back to her lovers house. Yes staying at the bar to get drunk. Some time later she showed up at the the married couples house where my daughter was left and told her to spend the night there, she will be back the next day Sunday to pick her up. She showed up around noon on Sunday. Then Sunday stayed there and hung out with the couple and our daughter at the pool till time to bring her home. A few side notes.

    1. My daughter explains to me that she asked for lunch on Saturday and her mom told her she had no money to feed her. My daughter said she had to pout to get her to take her for fast food. The dinner they went to that night my daughter explained that her moms married couple friends was paying for it.

    2. My daughter said her mom spent zero time with her.

    3. My daughter made the comment that her mom showed up at the house after the bar saturday night very drunk and should not have drove home.

    4. There are a lot more violations stated in the divorce decree that she has neglected to follow.

    5. Oh almost forgot. My daughter came home with lice this weekend so no we are dealing with that. Oh joy

    Ok Question time.. My Daughter DOES NOT WANT TO GO TO HER MOMS. Do I have any right as the parent to back my daughter and her safety and not force her to go? I am so upset that my EX would put her in that type of environment! Can I legally refuse for my daughter to go. We are in the state of Texas.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Advice for My Daughters Visitation

    No, you can't. I've seen absolutely nothing here to show that the child is in imminent danger which is the ONLY legal way you can withhold visitation.

    Dad, you can't force Mom to not have the child in that environment. If she wants to live with another couple in a relationship, you can't control that either.

    1. So she ate. Good.

    2. You know that's not true. You've just said yourself, they spent time together.

    3. Your daughter is old enough to call 911.

    4. "More" violations? I haven't seen one yet.

    5. It happens.


    You send kiddo per her order (assuming Mom wants visitation) - it's that simple.

  3. #3
    Join Date
    Jun 2012
    Posts
    24

    Default Re: Advice for My Daughters Visitation

    Next time she drives drunk with your daughter in the car tell her to call 911 and give them their whereabouts, license plate #, etc. Other wise there's no proof that she's been driving drunk..

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