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Father is 2 days late but is expecting to get the kids TEXAS

 
 
Reply Fri 3 Jul, 2015 09:55 am
If the non-custodial parent is 2 days late for summer visitation without giving notice of inability or tardiness to pick up the children, must the custodial parent still surrender the child for that visitation period or was the right to visitation waived the day of July 1st?
 
Ragman
 
  1  
Reply Fri 3 Jul, 2015 10:24 am
@sierranico,
That'd be a good legal question for your lawyer or the court to answer. Perhaps the fine print of your divorce and custodial rights section of your agreement can yield an answer.

However, the path of least resistance is my path of choice. Do you have a working relationship of some sort? Hopefully, this is not some sort of getting back at your ex for some bad blood between you.

I'd call my ex up or contact him and find out what's going on. Unless it really screws up your plans in a major way, I'd grant him the visitation with the agreement that he won't let this happen again in the future.
sierranico
 
  0  
Reply Fri 3 Jul, 2015 10:29 am
My attorney's office has been closed for holiday Thursday and cannot be reached. Orders don't specify what should happen in such events. Only mentions that repeated failure to appear or give notice may be reason for courts to modify the orders at later time.
sierranico
 
  0  
Reply Fri 3 Jul, 2015 10:32 am
@Ragman,
Oh he does this all the time and always expects me to conform to his wants. He has repeatedly not shown up or is late causing delays and prevents some our family plans that could have been prepared before. We are in process of modification to orders and support because of his inability to agree with mediator.
Ragman
 
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Reply Fri 3 Jul, 2015 10:36 am
@sierranico,
based on the timeframe, I'd discuss this with my ex. What is his reason for late pickup and no notice? The reason and his communication matters.

I am not a lawyer so can't advise you on the legality. I'd hope for some fair play on both parts. My advice would be my own personal preference as previously stated- path of least resistance for now. Grant him permission for the visitation with the proviso that he doesn't step beyond the visitation boundaries again.

When the holidays are over, I'd see about having the agreement amender to prevent this from happening again.
ehBeth
 
  3  
Reply Fri 3 Jul, 2015 10:41 am
@sierranico,
What is in the child/children's interest? I think that's paramount.

If the child/children were looking forward to time with their non-custodial parent and he is available now - then they should have the time they can with that parent.

What happens between the adults and the law is secondary IMNSHO - and not to be discussed with the children by the parents.
Ragman
 
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Reply Fri 3 Jul, 2015 10:43 am
@ehBeth,
well said/written, EhB!
sierranico
 
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Reply Fri 3 Jul, 2015 10:46 am
@Ragman,
I've been very accommodating and was met with very rude, disrespectful and unprovoked behavior yesterday which has left me apprehensive of granting him permission.
sierranico
 
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Reply Fri 3 Jul, 2015 10:50 am
@Ragman,
He has also been trying to make the children play middle man, by telling them to ask me and that it's my fault that they don't get to see him and I'm the one they should be angry with. I've tried to have conversations with him about such behavior asking that he please talk to me about any issues or requests because I believe that it is his responsibility to do so.
ehBeth
 
  0  
Reply Fri 3 Jul, 2015 10:53 am
@sierranico,
It sounds like you and the father are not together for good reason ... but ... do the children want to have this time with their father? that's what this is about - not how he behaves with you.

I can understand that it would be frustrating for you but focus on the children's expectations at this time.
0 Replies
 
sierranico
 
  0  
Reply Fri 3 Jul, 2015 10:56 am
@sierranico,
We are very much capable of having civil discussions, but since he requested an attorney at our last hearing he's been having the children call to make requests for him and communicate for him during his visitation than calling himself. My children are already in counseling for the emotion roller coaster he's put them through with his Houdini DAd act when he tells them he'll be here and doesn't show up.
ehBeth
 
  0  
Reply Fri 3 Jul, 2015 10:59 am
@sierranico,
Do the children want to spend time with their father?
sierranico
 
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Reply Fri 3 Jul, 2015 11:06 am
@ehBeth,
They're on the fence about it. They're angry with him, but feel guilted by him to go. They do because they miss him, but don't because they say they're angry and don't think he's very considerate of them.

It's horribly tough for all of us because I've been in there shoes. We don't know how we should procede.
0 Replies
 
roger
 
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Reply Fri 3 Jul, 2015 03:38 pm
@sierranico,
sierranico wrote:

Oh he does this all the time and always expects me to conform to his wants. He has repeatedly not shown up or is late causing delays and prevents some our family plans that could have been prepared before. We are in process of modification to orders and support because of his inability to agree with mediator.


Have you documented these failures - date and full circumstances? If not, I suggest you start. You may indeed need to return to court for modification. Really, if I'm reading the situation correctly, his behavior is not in the best interests of the children. It isn't right to get their hopes up on a certain day, only to be let down again and again.
0 Replies
 
 

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