Legal Question in Family Law in Texas

What happens if I'm late dropping my kid of after a visitation? My ex is refusing to trade days with me and I don't want to be in contempt of the divorce decree. How late can you drop a kid without it being a big issue?

I have my kid for dinner during the week. It's the same day where they offer a special parenting class to help him with his disability. This is the only day they offer it, go figure. He is a recently diagnose kid with a life-long disability. His mother is in denial of this and is looking for a second opinion. I'm trying to get myself educated on his condition. The visitation is from 6-8. The class is from 6:30-8:30. Daycare is provided so I can drop my kid in the same location while I take the class. This is a free class and it's for the good of the child. I send her a certified letter telling her about the class, how it will extend the visitation by maybe 30 minutes. I even said that if she emailed me her approval, I would gladly pay her back the 30 minutes during my time (ie. Pick them up later on the weekend visitation). She is not answering. I don't have the money to take her to court for something as menial as these. I also don't have someone reliable to drop the kids for me, at least not for a consistent basis.

By the way, my ex works that day so it is not like she will have the kids either. I don't want to skip 8 visitations as she can use that to hold me in non-compliance.

Please advice.


Asked on 4/09/13, 12:02 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

BTW: She can't hold you in contempt for failing to exercise visitation. So skipping 8 visitations will not cause you any enforcement problems. She MIGHT petition the court asking that your Thursdays be taken away from you for not exercising them, but I doubt she would prevail on that request in light of WHY you might skip the visitations. Either way, I wouldn't expect you to face any trouble from the judge.

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Answered on 4/09/13, 12:05 pm


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