Legal Question in Family Law in Texas

How long do I have to wait for my sons father to pic him up from me?

My sons father has part custody, if he dose not show up on time or 15min late or dose not call is it ok for me to leave and do the things I need to do with out being in trouble with the law? Also if he dose call a few hours later and wants to come and get him do I have to bring him home before I get done with what I am doing? If I do not will I also be in trouble with the law?

Thank you

Carrie


Asked on 5/10/06, 10:26 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: How long do I have to wait for my sons father to pic him up from me?

It is reasonable to wait at least 30-45 minutes if he has not called or let you know that he is running late.

If calls and has a legitimate excuse why he's running late (for example - a flat tire) it is reasonable to give him time to get it fixed and come over to pick up the child. However, if the child goes to bed at 9:00 p.m. it is NOT reasonable to keep him up past his usual bedtime.

The judges expect you to act in a reasonable fashion.

For example, if he wants to "exchange" a week-end so he can take the child to a family reunion, that would be a "reasonable" request.

If he does not call or show up, then you are free to do whatever you want for the rest of the week-end. He can't just expect you to produce the child at his whim.

I strongly urge you to do what's right for your child. Having a good relationship with both parents is important for a child.

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Answered on 5/11/06, 1:06 am


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