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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33298
Experience:  16 yrs. of experience including family law.
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I am a father in Texas and the sole custodial guardian of my

Customer Question

I am a father in Texas and the sole custodial guardian of my four year old son. His mother has not seen him in two years. Her parents, however, have a court ordered one-weekend-a-month visitation.
However, since his last visit, my son is hesitant to tell me about his interactions with his uncle (the eighteen year old younger brother of my son's biological mother). I am worried that some emotional or possible physical harm came to my son in his previous interaction, but I have no proof. I want to deny visitation until my son speaks to me about his private interactions with his uncle.
I know I am violating a court order by denying this visitation. Can I assume my worries for his emotional and physical well-being are an exception?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.You are correct, if you violate the court order, you would be in "contempt" of the order. You want to, if at all possible, to avoid this. If you violate the order, and the other party (the grandparents) bring you to court, the court can order you pay their legal fees (since the reason for the case was your violation of the order).MUCH better way to approach this...have a local attorney file a motion with the court to modify the custody order based on your concerns. The court can order "supervised" visitation...they can have a neutral third party be present during visitation to ensure the safety of the the child. If there is a reason to fear for the safety of the child? The court will take this action.Bot***** *****ne: you do not have the authority to modify the court order...but you can have a local attorney file a motion with the court to modify the order...and if the court believes that your worries are a reason to fear for the safety of the child they will issue an order that protects the childPlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
I had considered hiring an attorney, but the cheapest retainer I have found is $2500. I cannot afford that. Is there no simpler route to solution?
Expert:  P. Simmons replied 1 year ago.
Thank youUnfortunately there is no simple route...or, rather, what I am proposing is the simple route.There is a court order. If you violate it, and they bring you to court? That $2500 may seem "cheap"...it could be you are ordered to spend even more for their lawyer (and the lawyer you have to hire to defend their suit against you).You can act as your own lawyer...you can file this yourself. However, not typically a good idea. The adage "a man who represents himself has a fool for a client" is often true. If you act as your own lawyer, the court will expect you to know the law/rules/procedure/evidence just as if you were admitted to the bar. They (the court) will not cut you any slack. That said, you could head to the county court and file a motion with the court, and then present the motion. But you would want to spend some time reviewing the rules of evidence, procedure and rules of court in order to be prepared to present this to the court. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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