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View Full Version : Can an absent parent demand visitation?


shel12
Dec 25, 2009, 03:28 PM
I am a father in Texas with custody of my two daughters, ages 16 and 14. My ex-wife lives in Arkansas and has not seen them in three and a half years. She hasn't spoken to them, sent birthday or Christmas cards or had ANY contact with them in over two years. Today she decided she would call like no time had passed without contact. Can I tell her she needs to contact an attorney if she wants to see the children WITHOUT putting myself in a bad position with the court. She has to come to my house for visitation but hasn't asked for it since July of '06.

Fr_Chuck
Dec 25, 2009, 03:32 PM
If you refuse her visits ( if there is a court order) you could be held in contempt and it could look bad for you.

What status or level of visits does she have.

I would allowed "monitored" phone calls , maybe speaker phone and to let her see the children if it is in your home.

Then if you need to try and change her visits, go to court to do so

shel12
Dec 25, 2009, 03:37 PM
Thanks Fr Chuck She has supervised visitation in my home one weekend a month.

Fr_Chuck
Dec 25, 2009, 03:52 PM
I know I would not personally want her to get it, and after taking off, she does not deserve it.

But she is digging her own results with the kids, they will know that she is not there. And soon he kids will be getting older, having things to do and will not want to be home.

ScottGem
Dec 25, 2009, 05:18 PM
If there is an existing court order you have to abide by it until a court changes it. You should file immediately for a change if you want to stop visitation. But frankly I wouldn't bother.

There are two reasons for this. First, your children are old enough to understand what their mother is and has done. They are old enough to deal with her. Second, I doubt if a court would change the visitation from what it currently is.