I have 48% custody of my two children, and my ex-spouse has told the children that despite the divorce decree, the children can choose to ignore it and be where they want, because of their age.
What is the truth in the manner, and what are my legal options in enforcing the decree?
I have not been retained as your attorney so I cannot give you legal advice. However, I can offer some general information that may help you.
In the state of Texas, children are allowed to talk to a Judge, in chambers, to express their desires regarding who they live with and possession. However, this does not mean that the children are allowed to choose or that they can simply decide to stop visiting with one parent. Very few instances will warrant an order preventing visitation between a parent and a child.
The visitation provided in the last court order is enforceable by contempt. A party’s refusal to comply with a court order can result in a finding of contempt by the Court and subject that party to punishments such as fines or even imprisonment.
Due to the sensitive and extremely fact-specific nature of this situation, I would strongly suggest you contact an attorney who handles family law matters in your jurisdiction, such as Cordell & Cordell, to see how Texas’ laws can specifically help you with this serious situation. This type of attorney should be helpful in providing you specific assistance for your matter.
Remember, I am unable to provide you with anything more than tips, so please consult a domestic litigation attorney in your jurisdiction to obtain specific advice as to the laws in Texas and how they particularly impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.