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Visitation contracts

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mmtorres

Junior Member
What is the name of your state? TX

I really don't know how to begin, i have a 14yr old son, when born the biological father left the country no where to be found, until my son was 7yrs old, at this time he requested dna testing, and child support,visitation orders were issued thru the state of texas. The biological father is living in the state of Oklahoma. I make every attempt to follow the court order, and am very accomodating to him, for the sake of our son. I feel that at times i am rearranging our lives so that it is convienant for him. Clearly he doesn't excercise his visitation rights except during the summers, and holidays...at these times because our son wants to spend more time w/his father, i rearrage my summer visitation,or give up a holiday to allow them to visit for an extended period of time,and anytime that my son feels that he wants to come home during a visit, he cannot find the courage to tell his father how he feels, and when i explain how he feels to his father, his father thinks that it's me, or if our son finds the courage to tell him he wants to come home w/me, his biological father manipulates our son to make him feel guilty to stay longer. I am at a loss what to do at this point. I feel that i have been completely shafted out of my visitation w/our son,but understand that it is me, who shafts myself. At this time our son has been throwing around the idea that he wants to go to school in Oklahoma w/his father until the christmas break.I believe he has having "the grass is greener" syndrome, and I am concerned at how to go about the whole thing.Personally I don't want to do it. My theory is that my son is out of sight and out of mind,he gets to pick and choose when he wants to be a father,the man calls to speak to our son on an avg of 6 times a year,during the summer and christmas time,is the most attention that our son gets from his biological father,and it is a bit unfair that myself and my husband,(his stepfather)are parents to our son all year long no matter what, and he can just see him all summer, and christmas, spring break..... I was informed from a friend that at the age of 14 my son can choose to go and stay w/whomever he chooses. Is this true? I also want to know that if I do allow him to go to school and live w/his biological father,at the hope that he realizes how well he has it here, w/me, what can i do to ensure that i will get my son back during the christmas break? Is there a contract that i can draw up, to make sure that the biological father cannot keep him longer against my wishes, or my sons?Does the contract have to come from a lawyer, or can i draw one up myself?Thank you so much for your time and advice, in advance.What is the name of your state?
 


LdiJ

Senior Member
It is absolutely incorrect that your son gets to choose where he lives at age 14. That is true only in Georgia.

You are also under no obligation whatsoever to agree to your son living with his father until Christmas. If you allow that, you are opening the door for dad to get primary custody of the child.
 

stealth2

Under the Radar Member
However, your son CAN file an Affadavit of Preference specifying that he prefers to live with Dad - and that will be given weight in court.

The problem as I see it is that you have been giving this child way too much power in deciding what he does and doesn't want to do wrt seeing his Dad. That should really be between you & Dad and the court order. Instead, y'all make accomodations to rearrange things on the child's whim, and then expect Dad to fall in line the same way.
 

mmtorres

Junior Member
So true,that's what my mom said...i never listen to her....:) thanks a bunch, time to stand my ground....a lil late...but worth tryin.
 
LdiJ said:
It is absolutely incorrect that your son gets to choose where he lives at age 14. That is true only in Georgia.

You are also under no obligation whatsoever to agree to your son living with his father until Christmas. If you allow that, you are opening the door for dad to get primary custody of the child.
Although this statement is correct, here is what Texas sees fit. Also remember that here, I mean there (TX) The court will render residence to gender same parent/child preference during adolecence years as favorable residence. It' s seen as the best way of going through that particular age in time.

Your ex can hire an attorney for the child and the child's preference would be heard by a judge in Texas.

This is from the Texas Family Code.

§ 153.008. CHILD'S PREFERENCE OF PERSON TO DESIGNATE
RESIDENCE[0]. A child 12 years of age or older may file with the court
in writing the name of the person who is the child's preference to
have the exclusive right to designate the primary[0] residence[0] of the
child, subject to the approval of the court.



Best
 

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