Legal Question in Family Law in Texas

Do I have to consent to my Ex's girlfriend picking my son up from daycare?

I have been divorced for 4 months and have joint custody of my 3 year old son. I have primary residency and the divorce papers basically outline standard visitation procedures for my ex-husband. Since before the divorce, in good faith, I have been allowing my ex to keep my son for half of the week. He wants his girlfriend (the one who broke up our marriage) to be legally able to pick my son up from daycare. Do I have to consent to this, being that I do not know this person, or how she drives, etc.? My father is available any day of the week to help out and has offered to drop my son off at my Ex's house. He is already on the pick-up list at my son's school. My Ex can not seem to understand why I am uncomfortable with this. Do I have any say-so while my son is in my Ex's care?


Asked on 8/15/00, 1:17 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Do I have to consent to my Ex's girlfriend picking my son up from daycare?

Recognizing your emotions concerning the responsibility of the girl friend in the break-up of the marriage, isn't that part over now? You and your husband are divorced and the divorce decree defines what remains of that relationship. He can have friends, you can have friends and the only way the court can get involved is if the friends are not appropriate or behave inappropriately with the child. You might be able to go to the judge with a motion to modify to keep the girl friend away, but if your ex has an appropriate relationship with her, I doubt that the judge will help you. It's really very dependent upon the relationship between her and your ex and the relationship that all 3 of them have when they are together.

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Answered on 9/18/00, 10:04 am


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