Pflugerville, TX asked in Family Law for Texas

Q: Can anything be done?

I have an order that's been in effect where I have got primary custodial parent. My ex is noncustdial. The order also contains an injunction that states she can't keep her overnight when a convicted felon that she's not married to lives at her residence. She's been abiding up until last night when during her custodial visit about an hour before my daughter was supposed to be returned she v texted and said she will no longer be returning her because she claims her boyfriend will leave during overnights. They just rented an apartment together last week and he is on the lease. Do I just have to take her word for it and is she allowed to do that with no notice.

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1 Lawyer Answer
Amir Tavakkoli
Amir Tavakkoli
  • Houston, TX
  • Licensed in Texas

A: You can file for a modification to reduce her visitation rights. To make your case stronger, you may want to get someone like an investigator to get some evidence that he is there overnights also. But the fact that she is living with a felon may be enough to reduce her rights regardless of if the boyfriend is staying overnights.

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