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Unsettled Visitation Matter

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What is the name of your state?Texas
I'll try to make this short. We previously had standard visitation orders. Due to alcohol and other issues (ex married a woman who was on probation w/no contact order for my oldest son due to assault), I filed a Motion to Modify Visitation in the Spring of 2004. We went through mediation where he was on supervised, no driving the children anywhere, no alcohol. In spite of the supervised visitation, he took my oldest son somewhere unsupervised. The children continued to have problems with their father and told him that they needed a break from him. He told them he needed a break too. Since then, he hasn't had any contact with them except for showing up for my oldest son's athletic events (drunk quite a bit). My attorney, in January of this year, wrote me a letter with the offer of my paying her 1/2 of what I owed her if I paid it off all at once. She said my situation seemed to be resolved. Of course, after this, I could get no answer from her as to what resolved meant. She said that my motion to modify was still in force. I feel that this is just in limbo right now and don't know how long my motion will be in force. We don't really have any papers right now because the last mediation papers only had dates through 9/2004. I am concerned because much to my surprise, the Texas AG is going to be serving him papers to pay his arrears and (on their own) are asking to raise his child support. I feel that he will try to stir up the visitation issue out of spite and don't really know where I stand at this point. If I have made this situation clear at all--am wondering if anyone has an opinion. Thanks.
 


LdiJ

Senior Member
hereintexas said:
What is the name of your state?Texas
I'll try to make this short. We previously had standard visitation orders. Due to alcohol and other issues (ex married a woman who was on probation w/no contact order for my oldest son due to assault), I filed a Motion to Modify Visitation in the Spring of 2004. We went through mediation where he was on supervised, no driving the children anywhere, no alcohol. In spite of the supervised visitation, he took my oldest son somewhere unsupervised. The children continued to have problems with their father and told him that they needed a break from him. He told them he needed a break too. Since then, he hasn't had any contact with them except for showing up for my oldest son's athletic events (drunk quite a bit). My attorney, in January of this year, wrote me a letter with the offer of my paying her 1/2 of what I owed her if I paid it off all at once. She said my situation seemed to be resolved. Of course, after this, I could get no answer from her as to what resolved meant. She said that my motion to modify was still in force. I feel that this is just in limbo right now and don't know how long my motion will be in force. We don't really have any papers right now because the last mediation papers only had dates through 9/2004. I am concerned because much to my surprise, the Texas AG is going to be serving him papers to pay his arrears and (on their own) are asking to raise his child support. I feel that he will try to stir up the visitation issue out of spite and don't really know where I stand at this point. If I have made this situation clear at all--am wondering if anyone has an opinion. Thanks.
You are still in a bit of limbo....however, honestly, if the AG's actions on child support were going to stir anything up, they would stir it up even if you weren't in limbo. Custody and visitation are "fluid" therefore no order is necessarily permanent. You can either wait and see what happens, or you can follow through with your modification. If it were me, I think that I would wait and see what happens.
 
Thanks. I agree with what you said. I will definitely sit back and see what happens. Just was wondering if at some point, the modification isn't drawn up as something "permanent" if it will "expire" and the standard visitation would be in effect again.
 

LdiJ

Senior Member
hereintexas said:
Thanks. I agree with what you said. I will definitely sit back and see what happens. Just was wondering if at some point, the modification isn't drawn up as something "permanent" if it will "expire" and the standard visitation would be in effect again.
In general it would be best to finish it up. However, since he has made no attempt to see the kids for over a year now (if I understood you correctly) he's really going to have to take you back to court again....because he is as much in limbo as you are.
 

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