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father's visitation rights

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My son's exwife moved to Texas 4 yrs ago with her new husband and my 6 yr old granddaughter, without telling my son about it. He pays child support but doesn't get to see his daughter because of his exwife being difficult. He has to pay airfare so we can see her at all, which is a few days once or twice a year, even though the court ordered every other weekend and 2 weeks in summer. The daughter is 10 yrs old now and wants to live with her father. What can he do about visitation and custody? My son lives in Georgia where the divorce was obtained.


Senior Member
the original decree is from Georgia? was it ever modified for jurisdiction to be with texas?

if jurisdiction has not been changed - then he can request a modification to his visitation. i am going to add a sample outline for visitation at a distance to the end of this.

he could file for a modification of custody. the relocation and failed visitations as his reasoning. at the age of 10 there is the possibility that her wishes would be heard by the court and her desires could carry some weight. of course, it is still up to the judge on the decision. but it could help.


When Mom and Dad are separated by distance

Here’s the standard visitation when the child and the non-custodial parent are separated by distance, also phrased with Mom as the custodial parent:

The Husband shall have the right to the have the children with him as follows:

One weekend a month, to begin on Saturday at 8 am and to End on Sunday at 4 pm.

6 weeks during each summer, time to be selected by the Father, provided, however, that Husband shall have notified the Wife of the dates of the intended visitation at least 30 days before such visitation. (Not to started until the school year is complete and to finish at least one week prior to school starting back up)

Each Christmas, beginning on December 25th, at 3:00 pm and ending New Years’ Day at 3:00 pm.

During odd years, Spring Break vacation from 9:00 am Saturday until the following Saturday at 6:00 pm

During the even years, Thanksgiving vacation from 6:00 pm Wednesday until Sunday at 3:00 pm

Any other reasonable times the Husband is in the town in which the minor children reside. Husband shall give 48 hours’ notice and the visitation should be no longer than 48 hours in duration.

At such other times as agreed upon between the parties.

During any period of visitation, after the children have reach the age of 12 years, the said children may travel by commercial airliner, provided:
- the husband shall pay HALF of all air fares for the transportation of said children.
- Paid to the Wife at time of purchase, at least 3 weeks prior to flight
- Documentation of costs will be supplied to the Father.
- All travel arrangements shall be made by the mother
- The mother shall notify the husband not less than 10 days of the date of the visitation, of the date, time airline and flight number of the proposed carrier.
- Shall be required to deliver the children to the nearest commercial airport offering direct flight service to the airport at which the husband will receive the children, not to be in excess of 150 miles from Wife’s residence.
- Wife shall pick up said children at the termination of the period of visitations.
- Husband shall ensure that either he or the children notifies the wife of the arrival of the children as soon as possible after the children are met by the Husband.
- At the end of the period of visitation, the husband shall notify the wife of the dates, time, carrier, and flight number of the return flight of the children, the wife shall ensure that either she or the children notify the husband of the children’s return.

The husband shall enjoy the right of telephone visitation each Wednesday, between the hours of 7:00 pm and 8:00 pm local time with the minor children, at the Husband’s expense. The wife shall not interfere with the telephone conversation during the said period of time.
- The children will also have access to call their father during the week.

Each parent shall keep the other informed of the primary residence and telephone number where the Children reside or visit.


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