- Jurisdiction
- Texas
I literally have a bleeding ulcer that makes me sick to my stomach from my ex-wife using visitation as a form of revenge against me. Texas doesn't have a standard visitation schedule for children under 3 years old like they do for 3 and over. At the bottom I will include the visitation schedule (word for word) for under three years of age. The questions I have are concerning a child 14 months old.
1) Because of a change in the mothers circumstances I am being told that I no longer can see my daughter at the location stated in our divorce decree. I am being told that I have to visit my daughter at her daycare and at a different time than what is in our divorce decree. My daughter was not in daycare until 2 weeks ago. Because of how far away my ex-wife moved I agreed to do the visits at her residence (until she's older) at the specific times stated in the decree. The change in circumstances resulted nobody to be home at those times on those days. My ex-wife refuses to consider what I want as far as new times and locations. It is 100% possible for me to continue to see my daughter at her residence, but on different days. She basically told me that I can see her at the daycare during the times she gave me . . . or not see her at all. Is she allowed to do that, would that be considered her denying me access to my daughter, and what can I do about it?
2) One of the days I see my daughter is every other Thursday. This year, one of my Thursdays fall on Christmas Eve. She said that I flat out don't get to see my daughter on that Thursday because it falls on Christmas Eve. Her reason for that is . . .
"Christmas Eve is a holiday. You don't get holidays until she turns 3. The only holiday that was addressed that you requested in the decree was the Christmas of 2016."
If you read the visitation schedule below you'll notice that it says nothing about her getting every single other holiday regardless of whose day it falls on until 3 years of age. It also DOESN'T say I want no other holidays except Christmas of 2016.Also, in a text my ex-wife denied me access to my daughter on the Thursday of this past thanksgiving. I was very clear about wanting to see her on that day. Just to be crystal clear I asked her if she was going to deny me access to my daughter if I showed up and she told me "Yes".
Please read the under 3 years of age visitation schedule in the divorce decree. Was she wrong to deny me visitation on Thanksgiving? Is Christmas Eve considered a holiday as far as child visitation goes? Can she deny me visitation on Christmas Eve . . . or any other holiday that falls on one of my normal days?
3) If we agree via text, e-mail, or any other way to where I can prove what she said . . . can she go back on what we agreed to and just decide to ignore it with or without a reason why? Is a judge going to care that she agreed to something and then ended up changing her mind?On 2 different occasions I was supposed to go with my daughter to her Dr visits so that I could meet her Dr. On both occasions my ex-wife told me the day before that I wasn't allowed to go just because I wasn't doing exactly what she wanted.
4) Can I sue and be awarded money as a way to force her to cooperate?
This is word for word what the visitation schedule says. I only left out last names and normal days/hours for when my daughter is older.
Kenneth shall have possession of the child at any and all times mutually agreed to in advanced by the parties, and failing mutual agreement: he shall have the following visitation:
6 months - 1 1/2 years (April 1, 2015 - April 1, 2016)
On Kenneth's weeks off work (every other week) on Mondays & Thursdays 10:00am - 1:00pm at Karissa's residence.
1 1/2 years - 2 years (April 2, 2016 - October 1, 2016)
etc. etc. etc.
2 years - 2 1/2 years of age (October 2, 2016 - March 31st, 2017)
etc. etc. etc.
2 1/2 years to 3 years of age (April 1, 2017 - October 2, 2017)
etc. etc. etc.
Father's Day Each Year
Ken will have possession of the child from 8:00am until 4:00pm to be exercised at Kenneth's residence. Kenneth will provide all transportation.
Mother's Day Each Year
Karissa will have possession of the child on this day each year.
Christmas of 2016 (December 25, 2016)
Kenneth ... will have possession of the child from 10:00am - 4:00pm at Kenneth's residence. Kenneth ... will provide all transportation.
3 years and after - (Beginning October 2, 2017)
Standard possession begins
1) Because of a change in the mothers circumstances I am being told that I no longer can see my daughter at the location stated in our divorce decree. I am being told that I have to visit my daughter at her daycare and at a different time than what is in our divorce decree. My daughter was not in daycare until 2 weeks ago. Because of how far away my ex-wife moved I agreed to do the visits at her residence (until she's older) at the specific times stated in the decree. The change in circumstances resulted nobody to be home at those times on those days. My ex-wife refuses to consider what I want as far as new times and locations. It is 100% possible for me to continue to see my daughter at her residence, but on different days. She basically told me that I can see her at the daycare during the times she gave me . . . or not see her at all. Is she allowed to do that, would that be considered her denying me access to my daughter, and what can I do about it?
2) One of the days I see my daughter is every other Thursday. This year, one of my Thursdays fall on Christmas Eve. She said that I flat out don't get to see my daughter on that Thursday because it falls on Christmas Eve. Her reason for that is . . .
"Christmas Eve is a holiday. You don't get holidays until she turns 3. The only holiday that was addressed that you requested in the decree was the Christmas of 2016."
If you read the visitation schedule below you'll notice that it says nothing about her getting every single other holiday regardless of whose day it falls on until 3 years of age. It also DOESN'T say I want no other holidays except Christmas of 2016.Also, in a text my ex-wife denied me access to my daughter on the Thursday of this past thanksgiving. I was very clear about wanting to see her on that day. Just to be crystal clear I asked her if she was going to deny me access to my daughter if I showed up and she told me "Yes".
Please read the under 3 years of age visitation schedule in the divorce decree. Was she wrong to deny me visitation on Thanksgiving? Is Christmas Eve considered a holiday as far as child visitation goes? Can she deny me visitation on Christmas Eve . . . or any other holiday that falls on one of my normal days?
3) If we agree via text, e-mail, or any other way to where I can prove what she said . . . can she go back on what we agreed to and just decide to ignore it with or without a reason why? Is a judge going to care that she agreed to something and then ended up changing her mind?On 2 different occasions I was supposed to go with my daughter to her Dr visits so that I could meet her Dr. On both occasions my ex-wife told me the day before that I wasn't allowed to go just because I wasn't doing exactly what she wanted.
4) Can I sue and be awarded money as a way to force her to cooperate?
This is word for word what the visitation schedule says. I only left out last names and normal days/hours for when my daughter is older.
Kenneth shall have possession of the child at any and all times mutually agreed to in advanced by the parties, and failing mutual agreement: he shall have the following visitation:
6 months - 1 1/2 years (April 1, 2015 - April 1, 2016)
On Kenneth's weeks off work (every other week) on Mondays & Thursdays 10:00am - 1:00pm at Karissa's residence.
1 1/2 years - 2 years (April 2, 2016 - October 1, 2016)
etc. etc. etc.
2 years - 2 1/2 years of age (October 2, 2016 - March 31st, 2017)
etc. etc. etc.
2 1/2 years to 3 years of age (April 1, 2017 - October 2, 2017)
etc. etc. etc.
Father's Day Each Year
Ken will have possession of the child from 8:00am until 4:00pm to be exercised at Kenneth's residence. Kenneth will provide all transportation.
Mother's Day Each Year
Karissa will have possession of the child on this day each year.
Christmas of 2016 (December 25, 2016)
Kenneth ... will have possession of the child from 10:00am - 4:00pm at Kenneth's residence. Kenneth ... will provide all transportation.
3 years and after - (Beginning October 2, 2017)
Standard possession begins
