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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13266
Experience:  19+ Years of Legal Practice in Family law matters.
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Previous court order visitation was 2 2 weeks breaks in the

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Previous court order visitation was 2 2 weeks breaks in the summertime. Moved to California for a job and would like a modification for visitation rights. She is now 4 years old and I have been in her life. Have an attorney but it's been months and not resolved. She didn't agree to the modification but after 3 to 4 months later and more money to our attorney she agreed only because of the law, but only on her terms. Which is for only 28 days, plus her weekend visit, that would be a total of only 23 days for the summer. She gets her for 365 days out of the year and I would like to see her more. Anytime we ask for a day or two extra she complains and always always never give it to us. We would ask for extra days because of flight expenses, or day off of work etc. Now airlines tickets are expensive and e-mailed the lawyer and the ex girlfriend and noone seems to care. I asked for the modification in March. She lives in Marshall, TX.What is the Law for Visitation in the summer

Hi Jacustomer,


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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Customer: replied 6 years ago.
Here attorney created a modification for denial and our attorney responded by our modification which is the law in March. I don't what this to go to court because it's costly and I only make $400.00 per week. Now she is agreeing to 4 weeks (28) days exactly nothing more and her visition for a weekend also. If she would have agree to this earlier we would have said ok, but now it costs us more money for the attorney and flight tickets that we can't purchase yet and everyday it will be more expensive. Since then I want her for 42 days now because on how much she had cost me on being selfish for a few extra days. Our modification was for only 32 days but she denied us in March. Why does this have to go to court isn't it the law for fathers to have visitation rights. I was born in Ca. We met in Virginia, she got pregnant, she and her family moved to TX, my daughter was born there. I moved to TX tried to make it work but worked weekends, then I lost my job and moved back home where a job was waiting for me. I pay child support every month without fail.

Hi again,


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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Customer: replied 6 years ago.
Thanks Stephine!
Anytime, good luck!

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