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  1. #1
    CCCTX Guest

    Unhappy What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter?

    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!

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    Okay....

    I just couldn't bring myself to wade through that.

    Let me just ask this. Did the court ordered visitation require this visit? If the answer is yes, you provide the child for the visit.

    Otherwise, you could be held in contempt of court.

  3. #3
    CCCTX Guest

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    Yes, it states that but I am heeding my attorney's advice in declining the visit while we are waiting on our court date next month to modify. He says that there should have been a separate section in our court papers for children under the age of 3, which she is.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    Are you absolutely certain that your attorney told you, in no uncertain terms, to ignore a court order?

    Because you are the one that will be held in contempt.

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    Quote Quoting CCCTX
    View Post
    Yes, it states that but I am heeding my attorney's advice in declining the visit while we are waiting on our court date next month to modify. He says that there should have been a separate section in our court papers for children under the age of 3, which she is.
    You NEED a new attorney. The one you have is going to get YOU into alot of trouble.

    It does NOT matter what "should" have been put in the order, all that matters at this point is what IS in the order NOW. You have to follow the existing court order, or risk being held in contempt, all lawyers know that and one should NEVER advise a client to disobey an existing court order.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    I agree.

    You cannot ignore a court order. Ever. Under any circumstance.

    Even if.

  7. #7
    CCCTX Guest

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    I know it's a risk for me but there's no way I'm sending her off for 6 weeks with people she doesn't know. It would be a completely different story had he been exercising his rights all along and had began building some sort of relationship with her. I'm doing what I feel is in her best interest and went about it the best way I know how, by going through a trusted and highly recommended attorney to take it to court. I feel that I'm doing the right thing, but I do know there are alot of risks I'm taking by saying that. Thanks for your advice!

  8. #8
    panther10758 Guest

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    Heres a better solution that wont involve your being held in contempt. Have your Attorney file a motion to modify visits.

  9. #9
    CCCTX Guest

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    That's what we've done, the paperwork went to the courts yesterday and her dad should be served the papers next week by Certified Mail. This is the reason he advised me to decline his request for extended so that we could get the Motion to Modify visitation in. Our court date is set for July.

  10. #10
    panther10758 Guest

    Default Re: What Will Happen If I Deny Extended Summer Visitation Of My 18 Month Old Daughter

    Which you failed to tell us

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