Child Visitation and Child Custody

Live at Five’s board certified family attorney, Sonya Coffman, answers questions submitted by Southeast Texas KFDM News viewers. These questions include:

  • What can be done about a parent not allowing child visitation time with the other parent?


Transcription

if you're involved in a high conflict custody battle you may think that you're alone but you're not there tens of thousands just like you with more in common than you may know courts are increasingly appointing a facilitator to help those parties communicate Live at Five’s family attorney Sonya Coffman joins us now with details and this is something that more and more people are doing is getting a facilitator yes it's a court appointment in a high conflict case meaning a case where the parents can't or won't communicate and cooperate in the raising of their children and the facilitators appointed by the court to bring the parties together to try to talk through the issues hear each other's point-of-view and hopefully reach a common solution to some of those conflicts can one request a facilitator yes and we often do that on behalf of one party or the other as to the court appoint that ok on to our KFDM News Facebook page we’ve got lots of questions this lady writes my daughter has not seen her son in over a year her ex got custody of him and won't let her see him and how can she go about getting some type of visitation with her son they live in the Dallas area my daughter lives here in Orange the first thing I would say is this lady needs to find out if there’s a custody order in place that gives her daughter visitation with the son I would think that probably there is that whatever prior litigation awarded her visitation rights so if the orders in place and the ex-husband is not letting her see the child she needs to file an enforcement action to caused him to have to give her the time with the child and she raised some jurisdictional issues here if the last proceeding was in orange then that's where it has to start although it can be transferred to the Dallas area if the child has lived there during the past six months so she’s got some investigating to do but that's the direction she needs to go ok another one my friend is in the process of divorce with four kids she has them every Monday through Wednesday he has them every Thursday through Sunday who is responsible for child support if the days are almost even well the court will make an order for child support and whoever is ordered to pay will need to do that but generally if the question is on a fifty-fifty possessions schedule who pays child support generally the courts are going to figure the child support if the mother were paying figure the child support if the father were paying and net the different so that the higher wage earner pays that net difference to the other parent generally and I think we can squeeze them one more my husband’s ex-wife came and brought the kids to us almost five years ago then just disappeared she's ever been in their lives this year she came back took one of them and left the other one behind is there anything we could have done well there should be an order that specifies who gets the children when and even now if the orders not being complied with they may need to file an enforcement to get one of those children back ok Sonya unfortunately we're out of time and we've got more questions we’ll get to those next month thank you so much for stopping by thank you and if you have a question about family law all you need to do with fax us those questions eight nine two seven three oh five email us at laf@kfdm.com or you can post them every month on our KFDM News Facebook page