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visitation denied

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Dr. Feel

Junior Member
What is the name of your state? Texas

My wifes ex mother in law has vsitation rights to her children. The court order states that bacause of the history of sexual child abuse in the grandmothers family her sons can not be around the children. She has repeatedly broken this order and we have had to have a threatening letter from a lawyer written to herin the past. The last time she came to pick up the children we denied her the visit. We have recieved notice from her lawer that if we dont let her take the kids this coming weekend they will take us to court. The lawyer we have talked to before on this matter is taking his time getting back to us. Do I have to have a letter typed up by a lawer to respond to the letter we recieved from her lawer? Can I Write a reply letter myself telling why we have denied visitation? Or will that hurt us later when we go to court over this matter (I will have a sutable lawer by then) Thank you.
 


stealth2

Under the Radar Member
Mom can't simply deny visitation. If Grandma persists in allowing the sons around during her visitation (and Mom has PROOF of it beyond what the child says), then Mom should file against Grandma for contempt. But until the court makes a change in the visitation, Mom is in contempt herself - and may find the wrath of the judge delivered upon her. Since you DO have an attorney of record, that's who communications go through. YOU cannot do anything. You are not a party to the order (unless it's a very unusual situation) - MOM is the one who has to deal with the legalities.
 

LdiJ

Senior Member
I agree with Stealth that YOUR WIFE should not respond to the letter herself. Any response needs to come from an attorney. I also agree that mom could be found in contempt for denying visits...which could mean a fine. However this isn't a parent vs parent situation therefore the risk of losing custody over denying visitation is not a factor. If grandma is breaking a serious rule/condition of the visitation that isn't something that should be taken lightly. However the proper way to handle that is to make a motion to vacate the visitation order based on Grandma not complying with an important rule/condition. While "proof" is important, the kind of hard, cold evidence that is normally needed in a parent vs parent situation is not quite as necessary when its parent vs third party.
 

BL

Senior Member
While I agree this issue should be dealt with through proper legal procedures , depending on the age and IQ of the child(ren) , generally statements made by children are admissible into evidence , and are not considered hearsay , because the children are the subject of the proceedings .

But then you are dealing with potential sexual conduct here to minors .
Something not to be taking lightly .

I would be demanding my attorney respond ASAP >
 

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