I have a child visitation question. I live in Texas with my daughter and my Ex lives in Tennessee. She has rarely taken her visitation and never taken her out of state. Her last visit was in a hotel for 2 nights with her and her boyfriend near my home about a year ago. But the divorce we signed does give her the right to take her out of state for visitation. Now for the first time she wants her for a week in TN. She decided a month ago she was now stable enough and had a stable home.
In short she has a history of alcohol, prescription drugs and mental health issues. How she is doing now I really don't know. But I do know her friends are much younger. Appear to be drug users and her roommate works in a head shop selling pipes and drug user supplies.
We argued on the phone about the visitation and I told her she could not take her and that she could take me to court. If she does end up taking me to court what can I expect? I am not going along with the divcorce agreement and I have no proof of current instability just knowledge of the past?
1 Answer from Attorneys
Does the divorce decree PREVENT her from taking the child out of state for visitation?
You are not entitled to "proof" of her current stability.
However, if you have legitimate concerns about current drug use by Mom, file a motion for modification and ask for temporary orders that require Mom to submit to random drug tests (it will cost you about $175 per test).