Legal Question in Family Law in Texas

We have 50/50 custody of my 15 yr old daughter and I still pay mom child support. Per our court orders, "mom is ordered to surrender child to dad at the beginning of dads possession at moms home, or at a mutually agreed upon location when school is not in session". It's summer time and mom refuses to meet me somewhere to exchange our daughter. Mom says that if I want my daughter then I will continue dropping and picking up my daughter from moms house. Can she get by with this? What can I do to make her meet me at a mutual spot to exchange my daughter? Also, can I get in trouble if I do the same thing she is doing, and tell her if she wants our daughter then she can pick her up from my house at the start of her visitation as well?? Thank you.


Asked on 6/25/12, 2:14 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

I think you're out of luck.

Read your order carefully (bear in mind that I don't have a copy in front of me) - if it says "mutually agreed upon location" and there's no mutual agreement, then you have to pick up the child at Mom's house. Mom can simply fold her arms and say, "Sorry, I refuse to make an agreement" and there's no mutual agreement. The order doesn't REQUIRE her to agree to ANYTHING.

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Answered on 6/25/12, 4:55 pm


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