Legal Question in Family Law in Texas

Child Custody

My child is 12 years old (13 in January) and her dad wants to start having his visitation rights after all these years. She doesn't want to go and I am not going to force her. He pays child support but never paid for her insurance or reported any increased wages. He is threatening to sue me for commpt of court.

I don't feel that after all these years I should force her into an uncomfortable situation. At this age can she make her own choice?


Asked on 6/02/08, 12:15 am

2 Answers from Attorneys

TC Langford Langford Law Office

Re: Child Custody

I agree with Mr. Armstrong, but want to add, that often in these types of situations, the judge will order a graduated visitation over a period of 60-90 days, to allow the child to get to know the parent, before enforcing extended stays.

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Answered on 6/02/08, 7:47 am
John Armstrong The Law Office of John W. Armstrong

Re: Child Custody

You don't have a choice, and no she doesn't either. You may hire a lawyer and file a Motion to Modify to change whatever possession he now has under the decree, but no you can't stop him. It also doesn't matter that he has not paid insurance and is not required to report increase in wages, you may want to want hire an attorney to file a Motion to Modify and get an increase in child support also, but if you use the failure of not paying medicals as the reason you won't let him see his daughter you could get yourself held in contempt of court. So go talk to a attorney in your area, I would recommend Cynthia Cameron, for assitance, you will have to look her number up in the phone book, she is located in Houston.

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Answered on 6/02/08, 12:47 am


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