My son's father has been in TDCJ for the past 2 years. He is scheduled be be released next month. We have a agreed custody agreement court order. Does the custody arrangement immediately resume the date he is released from prison? He will be released and staying with friends. I am afraid he may resume old habits again. Drugs, theft etc. I do understand he has time to prove he has changed. So on the first weekend that is scheduled to be his do I give him our son? My son is 6 and really has no interest in seeing his father. Time has passed and I have moved on. Do I press their relationship?
Until someone changes the court order you have to follow the order.
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Texas Family Code
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You may have moved on, but the child only has one dad.
You can file a modification and seek limits on visits.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Your court orders were, are and will be in full force and effect unless and until you file to modify them and secure temporary orders. Yes the custody agreement is in effect, but if it is not in your child's best interests you need to file and serve him.
The order is in place until it is replaced by a different order or the child turns 18. Hire an attorney and file a Petition to Modify to modify visitation before he gets out so you can serve him in TDCJ without spending a fortune trying to find him once he is released.
Play the personal side by ear. He may be a very different person now...good or bad.
Ms. Laster practices in Dalla
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