Legal Question in Family Law in Texas

I have joint custody of my 4 year old, she lives with me. Dad is an avid pothead, always late showing up to pick her up, late bringing her home, or will drop off extremely early. The last 2 visits he has showed up reeking of marijuana, who in the state of Texas can I report him to? I do have CPS reports on him as well.


Asked on 9/08/10, 11:50 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

If he shows up late, you don't have to surrender the child. Read your visitation order; it will say that his periods of possession begin on a certain date and AT A CERTAIN TIME. Write him a letter (paper letter - lick a 44-cent stamp - keep a copy - NO EMAILS OR TEXT MESSAGES) and tell him that visitation begins at 6:00 pm, and if he shows up after 6:15 pm, you will not release the child.

Stick to your guns. "NO" means "NO." Don't discuss it with him, and don't argue with him. Say what you mean, and stick to it.

In the same letter, tell him that if he stinks of marijuana, you aren't going to let him have the child, and you will call the police.

And in the same letter, tell him that if he brings the child back late, you will sue him for contempt. A court order is a court order.

Early dropoff? DON'T BE HOME. Develop an interest in malls, libraries, nearby relatives, bicycling, and nature walks. It's good to get out of the house.

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Answered on 9/16/10, 5:05 am


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