What to do if my 3 year old’s father has not been very involved in her life and now that he’s a newlywed he want to enforce visitation rights?

He wife had her this weekend and my daughter is saying things that his wife has said to her that are inappropriate regaurding me and my daughter. Do I have to give my daughter to them on her father’s days when he is not at home?

Asked on November 6, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

As long as the orders say that the day is the father's day for possession, then yes, you have to give your daughter over.  He can designate anyone to act as a caregiver during his periods of possession-- just like you would have a childcare provider.  Failure to comply with the orders could result in a civil enforcement action being brought against you or a criminal charge called "interference with child custody."

That doesn't mean you are without remedies though.  Considering that he is just jumping back into her life and the comments could affect her mental health by creating resentment or confusion-- especially at such a young age- you could petition the court to modify his periods of visitation to make them more limited and to include an order that restricts him from making these comments or allowing others to make these comments.  If he fails to comply with these instructions, then you can ask the court to hold him in contempt.


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