Does an attorney have the right to approve visits with your children?

My wife filed for divorce, and has my kids.
We haven’t gone to court yet, and is telling
me her attorney has to approve the visits.
Is this true?

Asked on February 22, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No... either your spouse is lying to you or her attorney is lying to her (or a mix of the two). 
Almost every divorce decree and temporary order that's entered in Texas says that the parents will have possession of the children at 'any times mutually agreed upon by the parties.'  This clause is designed to encourage good coparenting between former spouses.  The order will then contain a default provision that sets out what the visitation schedule will be when the parties cannot come to a mutual agreement. 
Your visits should be frequent and unsupervised unless they have a reason to believe that you would be a danger to your children.  Even then, it will be judge to make that decision, not the attorney. 
I suggest that you file a motion for temporary orders and request a hearing asap and request access to your children.  Make sure that you document the attempts that you have made to see your children and her lack of co-parenting.

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