Asked 6/26/2011
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Visitation Viloation In my Texas divorce decree, it stated my ex is ordered to take possession of the kids during the month of July each year (also every other week of Thanksgiving, Spring Break and a week at Christmas). He has never taken them for the whole time, only 1 week in July and partial weeks the other times. What can I do since he is in violation of the decree order? He says he cant take them because he has to work. I dont feel this is a valid reason for not taking his children. |
Answer 1/1 - Submitted 6/27/2011
Unfortunately, most courts cannot FORCE a parent to take the child, they can only provide that time be available for the non-custodial parent to take them. My ex was supposed to see his children 3 times a week or every other weekend - he hasn't seen them in over 2 years now. His response - I live out of state now (3 hours away, next state over) and have to work. Judge says he cannot force him to take the children.
Of course it might be different in other states but I don't think visitation is enforceable in this respect. If he has court-ordered visitation and YOU refuse to let him visit with his children, THAT can be enforced. Weird, isn't it?
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