My aunt is my supervisor for the visitation in the order, but now she is trying to change the supervisor at a third party Mediation place without going to court to modify the order of who is to supervise visitation. Is this legal?What are my rights?
The court Order is based in Texas,my aunt and child reside in Idaho and I reside in Washington. There are no other current court orders except the Texas order. The court order states: " It is Ordered that his period of possession shall be supervised by my uncle and/or my aunt and shall occur at the residence of my uncle and aunt or at another place agreed to in writing by my uncle and/or my aunt."
The order seems to say that your aunt and uncle can decide where the supervised visitation will occur. The confusing part is when you say "or at any another place agreed to I writing by my uncle and/or my aunt" you are not clear if that is the language in the court order, is your interpretation of the language in the court order, whether the agreement only has to occur between your aunt or you uncle? My guess is you are paraphrasing the order but I'm not sure.
It is also confusing why this matter is in Texas as opposed to Washington or Idaho. It should probably be in Idaho since no one continues to live in Texas and the child, more likely than not, has lived in Idaho for at least the last 6 consecutive months, thereby making Idaho the "Home State" of the child. ''
You need to hire a lawyer to address this matter, not only where the lawsuit should be heard but also with an attorney in that jurisdiction. .
Usually the language of court orders are enforced; the order says what it says. However, your distance makes your position difficult. My best suggestion is that you hire Texas counsel to help you and advise if what they want to do is "legal" in Texas; and what rights you do or do not have, unless your order was entered in WA.
The Texas Order controls until it is modified. You need to talk to a Texas attorney to have them interpret it based on Texas law. You will also want to get advise as to whether you will need to go back to Texas to modify it, or whether another state can exercise jurisdiction. That depends on whether anyone still has connections with Texas (does the father or child reside there?).
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