visitation

[eroberts]

If my 12 year old son, after multiple attempts at mediation, refuses to get in the car to go with his dad
for Christmas visitation, can his dad call the Sheriff and have me arrested and put in jail at that time? (This is what he
told my son last week). We live in Texas,with the standard
agreement. He wanted to spend Christmas morning with me,
and I will deliver him to his dads on Christmas day at
noon. (20 miles away). It is his dads year according to the papers, but he has spent he past 4 Christmases there.
Please help.

 

[LegalBeagle]

If my 12 year old son, after multiple attempts at mediation, refuses to get in the car to go with his dad
for Christmas visitation, can his dad call the Sheriff and have me arrested and put in jail at that time? (This is what he
told my son last week). We live in Texas,with the standard
agreement. He wanted to spend Christmas morning with me,
and I will deliver him to his dads on Christmas day at
noon. (20 miles away). It is his dads year according to the papers, but he has spent he past 4 Christmases there.
Please help.

Why has he spent the last 4 christmases there ?

Anyway, he can not get the police to arrest you. The police may file a report for a failed visitation but that is all they will do.

 

[eroberts]

Thank You. He spent the past 4 Christmas mornings there, and spent the evenings with me. This worked better for everyone. This year we just want to switch. THank you for your info.

 

[eroberts]

Notice of Appearance/Visitation

My 12 year old didn't go. This was so important to his dad
that he didn't even show up to get him, he sent someone else. My son refused to go. The next day there was a
set of "Motion to enforce court order" papers stuffed in my
fence at my home. On the 23rd I received a set by registered mail. Lots of accusations. Today I received a
"Notice of Appearance" filed by an attorney in the firm in
which his wife is a paralegal.I received this registered mail. Is there any conflict of
interest if she works there? I guess not, or they would not
have taken the case. What exactly is this? It was filed
at the county courthouse, but there is no date to appear in
court. Can someone help? Thanks. I live in Texas.
Also, I have several letters and receipts where I have tried to mediate this issue with him and he will not respond.

 

[jyoung]

In general you are required to release the child for visitation only to the other parent, not a third party.
Call his bluff, contact the court and find out exactly
what is required of you, and if you can't afford a lawyer
just go and bring whatever documentation you have. A judge
might be inclined to hear the 12 yr. old as well, but let the kid know he's going to have to go see the dad, unless theres real physical or mental abuse going on

 

[eroberts]

visitation/Notice of Appearance

I don't have a problem letting him go. I dropped him off
on Christmas, at noon and told him to stay as long as he
likes until school restarts. He is still there. I have
never refused to let my son go. He chose not to this time after attempting to talk to his dad for 2 months. This
"Notice of Appearance" has no County or District clerk
stamp on it, and no Judges signature. I don't really know
why they sent it. And through the mail. What is a
"Notice of Appearance" generally mean?

Thank You for your time