Legal Question in Family Law in Texas
My girlfriends daughters father has visitation custody every other weekend and rotating holidays. However, he always shows up 1 to 2 hours late. If he shows up at all. On Holidays when he is supposed to have her an entire week he will only keep her for maybe a day or two at a time. drops her back off and then later asks to pick her back up. Lately, she has been becoming very agitated with this. I tell her to say no you dropped her off already she is staying here. She tells me she cannot say no because it is technically still his visitation time. My question is can she tell him no, since he dropped her back off on his own accord? If anymore information is needed I can provide.
1 Answer from Attorneys
I would have to read the actual decree to give you legal advice.
Generally, a person has to wait 30 minutes for the other parent to show up to begin their visitation. After 30 minutes (unless the person calls and says I'm stuck in traffic, etc.) the visitation is forfeited for that entire period.
Additionally, if he returns the child early then the visit is over.
She probably needs to sit down with an attorney for an hour or two and discuss this matter. She is not a babysitter and she does not have to "jump" when he says "jump". It sounds like she is trying to keep him from "getting mad" or upset.
In most TX legal documents, it states that if the parents are in agreement they can do whatever they want to do and they don't have to follow the court ordered visitation arrangement unless they cannot agree. The court orders are the minimum amount of time the non-custodial parent is allowed to see the child - not the maximum.
Again, I highly recommend meeting with a family law attorney to discuss your options.
Look on this website and on www.avvo.com for an attorney in your area.
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