Legal Question in Family Law in Texas

So I live in Colorado, but my kids live with their mom in Texas. I was looking through my child visitation order and it states the following:

(3)possessory conservator shall be ordered to do one of the following:

(A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or

(B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if:

(i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or

(ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered"

My question is, does this mean I am responsible for dropping off and picking up the kids? I have the right to see them on the weekends, however I moved out of state because of the military. But according to this, it depends on when she moves out of the county? Right now I pick up the kids from her residence at the beginning of my possession period and she makes the drive all the way up to pick them up. Based off recent events we have decided to follow the order to the word, but I am a little unclear on this part? It looks like it says because she hasn't moved, I am responsible for drop off and pick up. Please advise


Asked on 7/13/15, 5:54 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You are correct. You must return them.

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Answered on 8/07/15, 5:55 am


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