Legal Question in Family Law in Texas

Denial of Visitation

Boyfriend divorced for 2 + years. Ex wife denying visitation- refusing to allow my boyfriend to pick up his son for Thanksgiving holiday unless I provide MY SSN & DL # for a criminal background check. (We recently moved in together & have been together for approxmately 6 months) I am a licensed nurse in the state of TX for 14 years- no criminal history. My understanding of TX family code is that a parent may not withhold visitation just because they don't want a significant other around the kids, unless the person has a criminal history or is a convicted sex offender????? Is this not comtempt?? (AND A BLATENT VIOLATION OF MY PRIVACY??!!) My ex husband and I have never had this problem with one another. Please advise.


Asked on 11/19/07, 10:42 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Denial of Visitation

What you describe is likely a violation of the order. In order to combat this action at this time, he would need a motion to enforce the order and a temporary restraining order to prevent her from withholding visitation. Gonna cost some money and be difficult to get 2 days before Thanksgiving. Good Luck.

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Answered on 11/19/07, 10:53 pm
TC Langford Langford Law Office

Re: Denial of Visitation

I agree with Mr. Grissom, and just want to add that if your concern is about your privacy AND about saving Thanksgiving vacation, do your own criminal background check, black out your SSN and TDL, and give her the results. You can do it online for about $5 and it might diffuse the situation.

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Answered on 11/20/07, 12:47 am


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