I have had the hardest time getting my visitation enforced because officers in my ex-wife’s county will not enforce an order or make an arrest. Can I make a citizens arrest for custody interference?
The children are 9 and 11, I have joint custody and there is a court order in place for visitation. Officers have been called out and will not take action. In Texas it is a state jail felony to commit child custody interference.

No, the police are not getting involved for this is not a criminal issue, it is a civil. They are not required to act on your frustration for the no-compliance of your ex-wife–especially if she is the custodial parent.
You can not make a citizens arrest for her violating a civil (child support) court order. You can and should go back to the divorce lawyer and take her back into court for contempt. . Laws in Texas are much different pertaining to this sort of contempt of the order and the law. You might have "joint" custody–but she has the parental right and the main residence over you. We also are not aware of all the facts of your decree– only what your inquiry pertains to–always two sides to a story.
You do not mention how old the children/child are/is? This also makes a difference.
Start thinking like a women–not a man and you will do much better–keep one step ahead of her.
I would advise you , once again, to seek the advice of your attorney.
Good luck to you.

Edit: While I agree that it is a State felony for interference with court order–what you presented does not meet the criteria, this is why the police are not stepping in to interfere.
I understand your frustration–but, the police are correct in what they are doing, whether you choose to understand or agree with their decision’s.

I am a mother of a 11 and now 4 year old girls. My husband and I split over a year ago due to various reasons and I moved back to Dallas, Texas where I was from while he still resided in Mississippi. The agreement was to allow them to live with him a year until I got on my feet since I already have a son that is not his that I had to take care of (age 15) and then send them home. Also, we were considering working things out but it just didn’t happen. He now will not allow them to come live with me, tells me I can’t afford them and they are better off with him while he lives at home with his mother (he can’t afford to move out) and it is a constant battle on holidays, birthdays, summers, ect. If I want to see them I have to drive 6 hours to visit because he never will bring them to visit me. We are still married, but I am filing for divorce in the next few weeks. I want to share custody of the girls but I want them to live with me. I can’t afford a lawyer. Does anyone have any advice on how to proceed in this matter? I am not sure of how Texas laws work when it comes to divorce and custody situations. Any help or advice would be great.
I have seen my children within the year, but the only efforts are made by me, not their father. I will make the trips with no problem. I got at least twice a month. He will not bring them to visit me as agreed upon.

I would not go file for divorce in hopes of getting visits. I would start making the 6 hour trip to go visit them so you can prove you can handle it.
The way I see it he isn’t technically keeping you from your kids. He is choosing not to send his children to go stay with somebody that they haven’t gone to visit in a year. You have to build up trust. And once you start visiting the children the courts will definatly give you some sort of custody.

EDIT: If he is suppose to bring the kids to see you per parenting plan then go to court and file that he is in contempt of court. And yes file for divorce and ask for split custody. But you are going to have to have a way to make it reasonable. You might have to move closer. 6 hours away is not very reasonable for split custody.

If I live in MI and have primary custody of said child , and my ex lives in Texas, how would vistation be worked out?

Ask the attorney who handled your divorce, who would be able to handle your questions concerning setting up a visitation schedule of dates & times, who must travel where, and is supervised visitation necessary. Good luck!

No, children are considered a product of the marriage and custody must be decided before a marriage can be dissolved.

Statistics on Residential Foster Care Facilities and Foster Care Abuse.

Source: Forgotten Chidren’s Report of 2004, Texas State Comptroller’s office.

Updated Release- June 2006 –

http://www.hope4kidz.org/pdf/60623_forgotten_children.pdf

In 2004 – 2005, Governor Perry requested the Office of Inspector General (OIG), to complete “an investigation into the systemic problems within CPS.”

The Comptroller’s investigatory power was limited and recommended changes were primarily ignored.

More of the report available at:
http://www.hope4kidz.org/news/forgottenChildren.html

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THE MOUNT RIGHTEOUS FAMILY FROM GRAPEVINE TEXAS

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An ex-girlfriend and I are having a child together but she doesnt live near me. How would visitation rights be established or what would the rights of the male be?

First, you have to establish paternity. If she’s cooperative, this is as easy as both of you signing an acknowledgment of paternity, which puts you as the father on the birth certificate and gives you all the rights any father has. The hospital has this form and will provide it to you and explain what signing it means. If she doesn’t cooperate, you have to file a paternity suit and force her to submit the baby for genetic testing.

Once paternity is established, you and/or she could file in court to get a custody/visitation order. Alternatively, you could simply make an arrangement for visitation by agreeing with each other, but doing this means that you have no recourse if she prevents you from visiting or otherwise changes the agreement.

http://www.wendywoodlaw.com Houston office: 713-893-1882 Bryan office: 979-779-9663 Attorney Wendy Wood, located in Texas. Wendy is a family law attorney representing parents, grandparents, and military personnel in all family law matters with great attention to detail.

For highly attentive client service and skilled representation on the full range of family law issues in southeast Texas, contact the Law Offices of Wendy Wood.

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my 17 year daughter refuses to come visit me. i have joint custody with my ex-wife and pay child support for her, in texas. do i have any rights?

Yes, you do have parental rights. The problem is how do you persuade a 17-year old to visit you when she doesn’t want to? Just wait this out. She will contact you when she is ready.
The fact that the girl refuses to see you now doesn’t diminish your obligation to support her.

Sorry

http://www.jonathankatzlaw.com
Family Law, Divorce, Child Custody, Support, Marital Property Division, Separation & Divorce Mediation Attorney, Jonathan Katz, New Paltz, NY. Hudson Valley, Ulster & Dutchess County. Phone: 866-304-0547.

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