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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12925
Experience:  B.A.; M.B.A.; J.D.
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My wifes ex-husband has the standard visitation rights (1st,3rd

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My wife's ex-husband has the standard visitation rights (1st,3rd & 5th weekends of every month). In the 6 years we have been married he has never regularly excersised these rights. The father lives over 100 miles from our house.

The ex-husband is now trying to enforce his visitation rights. This is the second time in 6 years he has done this. The first time was several years ago. He quit paying his child support and when he was served notice to appear in court to answer to why he wasn't paying, he decided that he was going to start requesting his visitations. At this time my stepson was playing basketball and was on a team. He would miss most of his games if he were made to go to his father's house on those weekends. We filed the legall paperwork and for $3,000.00 my stepson got to play the remainder of his games. The Court ordered required his father to bring him to the games.

We are once again facing a similar situation in that the father is having to go to court to have a review done on his child support. It may be increased since he now makes more money. My stepson is currently playing football and we are at the halfway point of the season, Dad is requesting to pick him up on Friday and this would mean that he would miss the game on Saturday. The child wants to play in his game and does not want to miss the game just to see his dad. Dad just recently became required to attend anger management clasess due to a a family violence charge he recently recieved. The Court did not find him guilty but did Take It Under Advisement. The case was filed in Arkansas.

If he comes and picks him up, can he physically force the child into the vehicle if he doesn't want to go? The child in question is 11 years old and will be 12 in February. We also reside in Texas.

Thanks
Jim
Submitted: 3 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 3 years ago.

My wife's ex-husband has the standard visitation rights (1st,3rd & 5th weekends of every month). In the 6 years we have been married he has never regularly excersised these rights. The father lives over 100 miles from our house. The ex-husband is now trying to enforce his visitation rights. This is the second time in 6 years he has done this. The first time was several years ago. He quit paying his child support and when he was served notice to appear in court to answer to why he wasn't paying, he decided that he was going to start requesting his visitations. At this time my stepson was playing basketball and was on a team. He would miss most of his games if he were made to go to his father's house on those weekends. We filed the legall paperwork and for $3,000.00 my stepson got to play the remainder of his games. The Court ordered required his father to bring him to the games. We are once again facing a similar situation in that the father is having to go to court to have a review done on his child support. It may be increased since he now makes more money. My stepson is currently playing football and we are at the halfway point of the season, Dad is requesting to pick him up on Friday and this would mean that he would miss the game on Saturday. The child wants to play in his game and does not want to miss the game just to see his dad. Dad just recently became required to attend anger management clasess due to a a family violence charge he recently recieved. The Court did not find him guilty but did Take It Under Advisement. The case was filed in Arkansas. If he comes and picks him up, can he physically force the child into the vehicle if he doesn't want to go? The child in question is 11 years old and will be 12 in February. We also reside in Texas. Thanks Jim

Response: Your wife would need to file papers with the Court to object to this latest tactic. The Court supposed to make a decision based on what is in the best interests of the child. It would not be in the best interests of the child to miss an already scheduled game so that a vindictive ex can get a revenge because his child support is going up.

He can persuade the child to go with him in the event the Court rules in his favor. However, he cannot use physical force. If he does, he would be committing a domestic violence and your wife should promptly file papers with the Court regarding the violence and request that his visitation be suspended until he has completed anger management program.

Customer: replied 3 years ago.

I understand that we would need to file papers that would modify his visitation rights.

The father is supposedly on his way to pick my stepson up as we speak. If I understand you correctly, if the child does not want to go with him when he shows up tonight, neither him or a law enforcement officer can physically grab my stepson and place him in his vehicle and take him to Texarkana, Arkansas if it is against his wil correct?.

Customer: replied 3 years ago.
I have to leave in about 10 minutes. I need to know yes or no on whether or not he can physically make the child leave with him.
Expert:  Phillips Esq. replied 3 years ago.
I have to leave in about 10 minutes. I need to know yes or no on whether or not he can physically make the child leave with him.


Response: No.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12925
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank You! Have a good weekend!

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