Legal Question in Family Law in Texas
What happens if it's the NCP's weekend and he does not pick up our child up from school? The NCP believes that by just giving notice he is free and clear of his parental duties for that weekend. Doesn't the CP have to agree that they are available before commiting?
1 Answer from Attorneys
No. NCP's have all the RIGHTS and CP's have all the DUTIES when it comes to visitation. You may have a provision in your decree that says NCP has to give notice when NCP is not going to be able to exercise a period of visitation, but how do you expect to enforce that? Just leave the kid at school until Monday? Of course not. And that's why these visitation rights can be such a hassle with an uncooperative NCP.
If this becomes a frequent problem, you might consider consulting with a local family law attorney who can give you some ideas about possible modifications to your possession and access schedule and terms & conditions.
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