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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33935
Experience:  Began practicing Family Law in 1992
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My son is divorcing and he moved to MN . s wife and children

Customer Question

My son is divorcing and he moved to MN for work. His wife and children are in Austin. He wants to have the kids come for Christmas and she is forbiding it. What can he do if anything.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Has he court entered an order yet regarding custody and visitation? Does he have a lawyer and have they actually filed for divorce yet?

Customer: replied 1 year ago.
She had the paperwork done through a place like Legal Zoom. They both signed and she told him that it was filed. There was nothing entered for custody or visitation. At the time he signed she was fine with him seeing them every other weekend and sharing vacations and holidays. Now she is doing a 180.
Expert:  JD 1992 replied 1 year ago.

Unfortunately, in Texas the only restriction that is in place is what is imposed by a court order. While each parent has equal rights to the children, there is no way to enforce it without going to court. Anytime there is a divorce there always needs to be a custody and visitation plan set out specifically and signed by the judge. Likely it will also result in child support being ordered but that's the way it works.

There is absolutely no way to force her to allow him to see the children at all without a court order in place.

Please ask any follow ups in this thread.