What to do about visitation?

The visitation order between my ex-husband and I states that he is to get them every other week “on the day of his paycheck.” He has been unemployed by choice for over a year and is insisting that this is his weekend even though he had them last weekend. Do I have a legal right to not only insist that I not take my children to him this weekend but also withhold future visits until he is employed?

Asked on August 31, 2012 under Family Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do not have the right to keep your children from your husband until he is employed. The reason is that keeping your children away from their father will most likely hurt their relationship with him. I suggest that you and your "ex" agree to some new visitation schedule with the children that meets both of your time frames. The agreement should be prepared by a family law attorney and filed with the court clerk.

If you cannot agreement with your "ex" as to a new visitation schedule, then you should consult with a family law attorney and see if a petition with the court to modify such is in order.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thank you for quoting the potion of the agreement that you think applies but one would really need to read the entire thing here to decide how to act.  I can see your point: that since there is no paycheck he does not get to see them.  But I would not just dent visitation. I would ask the court to "clarify" the order given the wording.  If it was every other week before you have a good basis for not giving him them this week but you need to make sure that you are coming across as the reasonable one here with the courts.  Good luck.

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