Legal Question in Family Law in Texas
if the mother has custody of her children, but refuses to pick up her kids from daycare when it is the fathers time to spend with them. Is that her responsibility or his
Even if he is working she feels it is his responsibility to figure out how to get them.
1 Answer from Attorneys
Read your order. Your order controls, not tradition, not anything else.
The typical/usual order requires Mom to surrender the children to Dad at her residence at a specific time on specific days. If she refuses to do that, she can be held in contempt, just like when Dad doesn't pay child support.
Depending on what YOUR order says:
You (Dad) should probably show up at her house on Friday at 6:00 pm and knock on her door. Bring a witness if you like (and maybe a video camera). Tell her you're there to pick up the children. The children will either be there or they won't. Mom will either surrender them or she won't.
Don't argue with her, and don't threaten her. If she doesn't follow the Court order, sue her for contempt.
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