Visitation

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olivetree13

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Hello, my 16 y/o daughter has refused to visit her father any longer.

She recently explained to me it is because she feels unsafe. She told me he has been talking about end-of-times; taking out his many weapons; and going over proper ways in which to use his knives and guns for when everything goes wrong.

We are all supposed to go to his apartment, as the designated meeting spot, when "trouble" happens.

Since she (on her own accord) has chosen not to see him any more until he gets help he has left terrible messages stating he is going to call the police on me to press charges AND he says he is coming to get her for his rightful visits.

Before I new her reasons for not wanting to visit him I really tried to get her to go. Now, I can not make her. I tell her I support her decision and want her to feel safe.

At this point, though, I do not know what he can legally do. He leaves us hateful (or exact opposite) strangely loving messages. My daughter is constantly upset which makes me upset to.

Any input is greatly appreciated.
 
I am sorry to hear your problem.
I think even he has the right to meet your daughter, but your daughter is the person who can make the decision to meet him or not.
Can you and your daughter go to the court to report this problem, can't you?
 
Thank you so much. Yes, I understand a father has a right to see their child.

The concern I have is, after going to the police last week to report his harassing calls and texts. The police officer told me that if a policeofficer is called in, they enforce the divorce decree "to the letter" until the child is 18.

Well, my gosh, she is 16 and wonderful and smart and does not wish to see him.

Can they physically take her out of the home to him? Can he file charges on me for something??

I have placed a call to legal aide and am still waiting to hear something, anything.

How can I protect her and myself??

Thank you so much...
 
He can file contempt charges against you for violating the court order.

Your daughter is a child and can't make the choices you're allowing her to make.

Neither of you are qualified to judge her father's mental stability.

I suggest you discuss your options with an attorney, if you continue to support your daughter's improper choice.
 
sunnymoon said:
I am sorry to hear your problem.
I think even he has the right to meet your daughter, but your daughter is the person who can make the decision to meet him or not.
Can you and your daughter go to the court to report this problem, can't you?
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This is absolutely incorrect.

The minor child CAN NOT make the decision herself. There is a court order for visitation - that means Mom gets kiddo to Dad every single time Dad wants to exercise that visitation.

Period. Even if.

Army Judge is absolutely correct. But I'll go a step further.

If Dad really wants to push the issue and Mom still won't comply, MOM could end up losing custody - and then daughter will be LIVING with Dad.

I'm fairly certain that isn't what Mom wants.
 
You are required to enforce the court order or face contempt. If your daughter does not agree, you punish her. If she still does not agree you punish her harder. Obviously, our country is undergoing transformations for which we cannot predict the outcome. I consider it my duty as a parent to have children capable of utilizing weapons in defense. I also have food stores, in case the power grid goes down. I keep my vehicles fueled for the same reason. That does not make him a bad parent.
 
Thank you very much for your input.

I am on the right course to see an attorney I see.

After being married to him for over 19 years I know what he can be capable of.

Yes sir, I fully support my daughter's decision when she says to me she does not feel safe. Yes sir!

I am in total favor of a parent's absolute right to be with/ apart of their child's life. You bet, but, NOT at the expense of mental or physical abuse.

Most respectfully,

Robyn
 
If there was physical abuse, I'm sure it would have been documented, yes?

And Dad would likely only have supervised visitation, yes?

It appears that's not the case - yes?

Ma'am, you need to respect the orders of the court. Otherwise this can come crashing down in ways you probably cannot even fathom.
 
I find it intriguing the child has been perfectly safe with dad for 16 years and only now is he suddenly such a danger. I sense that mom is lobbying to be the daughters BFF.
 
Thank you, yes, I was able to speak with an attorney; and yes my daughter does have a say in her visitation.

We must have a modification of the divorce decree.

Starting this right away.
 
Texas child custody law states that children 12 years of age or older can contribute to the custody decision-making process.

The Court may choose to interview older children to find out their preferences for conservatorship as part of the overall process, or the child may make a written statement to the Court expressing their preferences.



Most family law attorneys will usually give older children plenty of information about how to make their feelings about custody known; however attorneys will also be clear that the final decision will ultimately be made in "the best interests of the child", which means the judge is not bound follow the child's wishes.

Children 12 years and older have input according to Texas child custody law, but they do not have the final say.

Some judges won't allow children to speak.

Most judges will read or listen to a child's preference, but ultimately the decision is made according to what is best for the child, and often that isn't the child's preference.

Expect the unexpected.
 
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For the record in Texas we call it conservatorship, not custody.

The custodial parent is the conservator.
 
army judge said:
Texas child custody law states that children 12 years of age or older can contribute to the custody decision-making process.

The Court may choose to interview older children to find out their preferences for conservatorship as part of the overall process, or the child may make a written statement to the Court expressing their preferences.



Most family law attorneys will usually give older children plenty of information about how to make their feelings about custody known; however attorneys will also be clear that the final decision will ultimately be made in "the best interests of the child", which means the judge is not bound follow the child's wishes.

Children 12 years and older have input according to Texas child custody law, but they do not have the final say.

Some judges won't allow children to speak.

Most judges will read or listen to a child's preference, but ultimately the decision is made according to what is best for the child, and often that isn't the child's preference.

Expect the unexpected.
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Precisely.

I believe this OP is in for a nasty surprise, in all honesty. I hope the attorney isn't just going to take her money knowing that this is, apparently, something of a wild goose chase.
 
Proserpina said:
Precisely.

I believe this OP is in for a nasty surprise, in all honesty. I hope the attorney isn't just going to take her money knowing that this is, apparently, something of a wild goose chase.
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Proserpina, haven't we heard the "I'm consulting with an attorney" story many times over?

I'm betting there was no visit made to an attorney, just a feeble attempt to save face!
 
If you were to bet sir, then, you would most definitely lose.

I am curious as to why you two have chosen to come back to my question to post comments like this. Seriously, I came to this site for legal advise. Not to be talked about in such a non professional manner.

The legal aide office attorney gave me much more information and guidance than I ever expected.
 
No, you simply didn't read what you wanted to hear. I can't help that.

I'm sure you'll come back in a few weeks to tell us that Dad's rights have been stripped and your daughter never needs to see him again.

(But we'll know the reality)
 
olivetree13 said:
If you were to bet sir, then, you would most definitely lose.

I am curious as to why you two have chosen to come back to my question to post comments like this. Seriously, I came to this site for legal advise. Not to be talked about in such a non professional manner.



The legal aide office attorney gave me much more information and guidance than I ever expected.
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Legal aid attorneys will not give people advice on matters of divorce and child custody.

That is not what they do in Texas.

But, you found one that did, right?

And to top it off, you found one, got an appointment, met with him or her, and received legal advice; all in under 24 hours time!!!!


That must be some sort of record!!!!!!!
 
My goodness... who am I to disagree with a Roman goddess?

Let us hope I do not come back any time with that kind of a statement. It would be a lose-lose for our entire family.

Stop being disrespectful please. That is not why I came to this site.
 
No, as a matter of fact, it took almost 6 days.

Would you like the phone number in a pm to confirm my appointment? Is that what it would take to end your tartness?
 
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