Tuesday, March 3, 2015

One Judge's view on visitation by the non-custodian parent in Texas

Visitation by the non-custodial parent: 

A lot of comments/questions have been made on a facebook attorney group (a private group for only Texas family law attorneys) about whether or not a parent can send his parents, new wife, whoever to exercise his period of possession. 

Lots of opinions have been expressed by family law attorneys about this, but in a case in Montgomery County recently (CCL #3, Judge MacDonald), the judge had this to say (paraphrased): 

"Dad's time with the child is his time, and he can do what he wants with it. If he wants to send the child to spend that weekend with his parents, that is his right. He does not need Mom's permission, any more than Mom needs Dad's permission to let the child spend the weekend with a friend, or the maternal grandparents, or anyone else. Mom cannot refuse to surrender the child to Dad's designated competent adult because she doesn't believe Dad will be the one exercising the period of visitation. It is Dad's choice." 

So, there's One Judge's Opinion. 

Another judge might have another opinion.

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