Legal Question in Family Law in Texas

Visitation out of state when mother is against it.

I live in Illinois. My daughter is with her mother in the Austin, TX area. I have not seen my daughter for over 8 years because her mother won't let me near her. My daughter has contacted me and would like to see me but her mother would not approve. My daughter will be 13 in March. I have no Final Decree of Divorce. I would like to fly her to Omaha, NE where her aunt/my sister lives for two weeks this summer. What do I need to do to petition the court from where I am and how do I go about it? Thanks!

Asked on 2/21/01, 11:06 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Visitation out of state when mother is against it.

If you are divorced, you can obtain a certified copy of your Final Decree of Divorce from the county clerk in the county you were divorced.

You need to have the case moved to the county in which the child now resides.

In Texas a child can fill out a form (and have it notarized) when they are 10 years of age or older regarding their preference of where they live. But be advised that the Judge is not bound by the child's request.

If you are not divorced, then file for divorce and have your wife served. If you file in your state, be advised that your spouse can ask that the case be transferred to Texas since that is where the child lives.

If you are divorced without any child visitation set up, you need to file for a Modification (of the Final Decree of Divorce.)

Best of luck to you.

Fran Brochstein


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Answered on 4/06/01, 8:27 pm

James Grissom Law Office of James P. Grissom

Re: Visitation out of state when mother is against it.

Since you don't have a divorce, I wonder whether you have any visitation rights by court order. If you want to obtain an order, file for divorce and seek temporary orders for visitation. Your daughter now has the right to choose the parent she wants to live with, but in your divorce, you might be held responsible for past due child support for 8 years.

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Answered on 4/04/01, 1:31 pm

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