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can I see my son?

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Junior Member
What is the name of your state? Texas

I voluntarily susprended my visitation in 2000 due do upcoming surgeries and my current health situations. I did this because in the past CP held it against me in court if I did not take my visitation, again due to medical issues I was having.

Judge agreed that it would be in the childs best interest if we suspended the visitation untill my surgeries were done and my general health improved. He also ordered that unless we came back to court to modify the order, my visitation would resume on 10/01/05.

I resumed my regular visitation in late 2002 at my X wifes request and encouragement, as my health had improved drastically. We did not go back to court at that time.

Recently I was approved for SSD and have filed for a modification of my child support, I have never been late or in arrears. Our child was with me the day she was served. She immediatley came and picked up our child saying" say good bye to your dad you`ll not see him again."

Ok the question I have is:

1. Can she hold me in contempt for seeing my child during this period of voluntary suspension?
2. Can I attempt to resume visitiation as of 10/01/05, and if she refuses can she be held in contempt?

thank you in advanced.


Under the Radar Member
Neither of you are in contempt for allowing visitation prior to 10/1/05. If she refuses you time after 10/1/05, you would have good cause for filing against her for contempt, assuming that visitation is supposed to resume according to the court order.

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