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How do I get a hearing for visitation that father now wants to see son when he is not consistant and only saw him 2 times in 2yr

Houston, TX |

My son is 11 and has seen his father 2 times last 2 years and still not this year. He has rarely exercised his visitation rights in11 years. My son has never celebrated a holiday, birthday, summer or spring break with his father. Nor has father acknowledged these special occasions. His fathers family has never even sang happy birthday to him. My son does not want to go and I think he should have that choice now. He knows that his Dad has chosen not to be around. I just received a visitation schedule and not making him go. When is it considered unhealthy for a nonreliable father to be in a childs life?

Also, no $ for attorney, Dad is also owes $6000 in arrears.

Attorney Answers 2

  1. Contact Houston Volunteer Lawyers Program at 713-228-0732 or the 3 law schools in the Houston area. Also this website has many excellent attorneys in the Houston area. Many give a free consultation.

    If you don't follow the court orders visitation schedule, your ex can file contempt on you. You can be ordered to pay his legal fees and/or go to jail. I'm sure you don't want either of these things to happen.

    If he's behind in child support then hire an attorney to go after him for his past due child support. Plus, the attorney can ask for legal fees.

    You need to seek out legal advice.

    Additionally, a child does not get to make decisions about what is best until the child turns 18. A judge makes legal decisions. Of course, if the child is in therapy then the therapist can testify about how the child feels or how all of this is impacting the child.

    PLEASE talk to an experienced family law attorney.

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

  2. You need to file a Motion to Modify the Parent-Child Relationship and ask that your son's father's visits be reduced since he has only seen him 2 times in 2 years and your son does not even know his father. You can ask the court to be strict visitation provisions in the order and state that if he does not see your son on these periods of possession, or misses so many periods of possession in a 60 day period, then all periods of possession shall be terminated until further order of the court. You need to file an Enforcement action regarding the child support. You can contact Houston Volunteer Lawyers or every law school in Houston has a free clinic, if you want to contact them.

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