Houston, TX asked in Child Custody for Texas

Q: Does my daughter have a right to decide if she doesn’t want to go with her dad? She will turn 11 on June 8.

So it’s been 2yrs and 9mths that my daughter started saying that she didn’t want to go with her dad. The first year I had to force her to go with him. I told her that it’s what the court paper says. Then she turned 9 and it kept getting worse and harder for her to go. She finally started telling me some reasons why she didnt want to go. Sometimes she would go, others she wouldn’t. He would threaten to take me to court because she didnt go. She finally turned 10yr and everything kept being the same. She kept going less with him. He would get mad, cuss me out, say things like I’m forcing her. Well, Her dad brings them full of lice in their hair, they only eat 1 time a day, they come back with rashes on their body, he is always talking bad about me and my husband, they sleep on the floor, he tells them that he is gonna kipnapped me if she continues to not go with him, and Etc..It’s been about 10mths that they haven’t gone with him, I know it’s wrong But I fear for my kids. Ther more

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1 Lawyer Answer
Matthew Valley
Matthew Valley
Answered
  • Austin, TX
  • Licensed in Texas

A: In general, if court orders say he is supposed to have possession of the children during a certain period of time, then he gets the children during that period of time. If you want to restrict or otherwise change his possession of the children you need to go back to court and ask to have the order modified.

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