Q: Hi, Texas Law, My grand daughter is 13, my daughter has custody. My grand daughter doesn't wish to visit her father.
On scheduled days, he is mentally abusive, ignores her playing on-line video games 24/7 while she is with him. My daughter is willing to give up child support to end this situation. He is behind twenty grand. he would not contest this. Is there anything she can file to change current custody and visitation.
A:
If she has never required public assistance of any kind, she can file an agreed motion to modify in suit affecting the parent-child relationship.
If she has ever needed any type of public assistance raising the child, the State may have an interest in the past due child support. But it would be worth a shot anyway.
A:
She can file a motion to modify her current court order.
Regarding the visitation, she will need to show that there is a material and substantial change in circumstances since the last order and that the change is not in the child's best interest.
Regarding the child support, she can agree to waive the child support. However, that does not mean that the Judge and the Office of the Attorney General will agree. The Judge and Attorney General both have the discretion to deny this request even if the parents agree.
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