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I'm so sorry for what you are going through!
You are right, however, there is a minimum. It is not clear to me from your facts how much you do have, but take a look at this and see if you and your daughter are getting shafted.
The Texas Legislature established a minimum visitation schedule for Texas - a Standard Possession Order (SPO) for those who live within 100 miles. That doesn't apply to you but there is a minimum for those non-custodial parents and children that reside more than 100 miles apart: the non-custodial parent gets every Spring Break, forty-two (42) days during the summer, and the choice of the standard weekends or any one weekend per month, selected by the visiting parent, so long as proper notice is given to the other parent.
I would urge my lawyer (in writing, mailed cert. r.r.r. if you must) that you want a hearing on it NOW. No more delays - she needs to request a hearing date on this motion, assuming she has FILED a motion to modify visitation. She needs to move on this.
Good luck dad, your girl is a lucky little one to have a dad working so hard to keep them together.
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Yes, the law says that the court will order as per your agreement, if there is one, unless there is grave reason not to accept the joint parents' decision. The law also says that if there is no agreement between the parents, (as in now), then IT will generally order as noted above (42 days, etc.). THe law is in your favor, but you have to have the court order it - it can't order it if you don't present it to the court. It is similar to the following: I have a written agreement with a contractor to paint my house. I give him $5000. He never shows, he owes me the $5g back, right? Yes, but since he does't send it back to me, I have no choice but to take him to court to enforce my rights to my $5g.
The court is where the favorable law is enforced.
I'm so sorry it is so difficult. I'm also sorry she was able to move to TX, I might have trie to block that. It must also be terribly difficult to be such a distance from your child. It never ceases to amaze me how many custodial parents, when dealing with decent non-custodial parents who support and love their children, have no qualms about screwing them further.
But the botXXXXX XXXXXne is, if you want your 42 days, you need to get the Order modified by the Court - with or without the mom's agreement. Ask you lawyer also about the possibility of the mom being responsible for attorneys fees if you have to go to court, since she has been made aware of the law indicating 42 days, but it using the expense of court to have power to deny you and the child of what the law has already determined is generally in the child's best interest.
I know court is expensive, and that is grossly unfair. Keep in mind that you do have every right to act pro se and represent yourself, and people do that all the time - just have to make sure you are diligent and study up.
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