Legal Question in Family Law in Texas
I have a divorce modification agreement in which My X had enlisted "If the conservator cannot exercise the entire the entire period of possession, then the conservator forfeits that entire particular period of possession, except by agreement. I had planned a summer visitation which had to be canceled due to an illness. Because I canceled that two week visitation period my X refused my weekend visitation that fell into that two week period. He has done this before where he disallowed visitation the entire month of July. It was my understanding that weekend visitations are separate from extended possession periods. The decree reads "not withstanding weekend possession (name) shall have right to possession as follows�: Then goes into holiday and extended visitation. Can my X legally disallow me my weekend visitation if I do not exercise an extended summer visitation a part of the period as written?
Also just after enacting the modification we agreed to a 4:15 pick up time for me. Just month later, my daughter 13 started back to school with a release time of 4:00. My X sent me an email and said my daughter would get out of school at 4:00 and would ride bus home and not be home until 4:30 � to 4:45 and I would have to wait until then to take possession of her. I lived 90 miles away from her home so driving from one side of Houston to the other in rush hour makes every minute of an earlier start count. I get off work at three on Fridays and I would arrive at his home at 3:45 and have to wait nearly an hour. I told him I could pick her up at school when she got out as my time of possession started at 4:15. He refused. I told him then it was his responsibility to have there to me at 4:15 if he would not allow me to drive to her school and pick her up. He said he did not care what court orders said. He was doing this to be ugly. He would allow no deviation for me to pick up early even when daughter out of school sitting home alone. Always no deviation yet he makes his own rules as he goes and delays my pick up at his whim. I documented every single time I picked her up 30 plus minutes late on our legal visitation site. Is this also contempt of court orders?
1 Answer from Attorneys
I think you sum up the problem pretty clearly -- "He was doing this to be ugly. He does not care what the court orders said. "
Do your orders allow you to pick up and drop off at the school? That is called sometimes an Expanded Possession Order.
It appears that you live in Houston. I would encourage you to mediate this matter before spending the money to litigate. Read your docs and see if you need to mediate before filing for contempt and/or modification.
Look on this website for an attorney to help you. There are plenty in the Houston area. It appears you live in the Galleria - one of the most expensive parts of town for attorneys. So expand your search outside of 77057 or 77056 to save some money.
I hope this info. helps. It's impossible to address your concerns in this small space & without looking at a certified copy of your current court orders.
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