Legal Question in Family Law in Texas
Do Parents have to follow the ordered visitation?
My ex girlfriend and I have a 5 year old son. I am now married and she has a boyfriend. We do not get along but, for my son we are civil. Our court ordered visitation was done and settled in Jan. 2004. The thing is, the mother asks me to have my son on about 15-25 times a month that is NOT on the court ordered visitation. We sort of not pay attention to it, except for holidays and weekends. I can't trust the mom and again we really don't get along. My son also spends the night with me about 16 times a month. He is only suppose to spend the night on weekends. I love my son and I always say yes to my ex when she needs me to watch my son. Could I be in trouble for not following the order and can the ex go back on her word and say I wasn't allowed to have my son when in fact we had a verbal agreement? Thank you for your time.
2 Answers from Attorneys
Re: Do Parents have to follow the ordered visitation?
Usually there is a phrase in the custody portion of the order that says the scheduled visitation is in effect "unless the parties otherwise agree". If you are happy with time that you get to spend with your son, enjoy every minute of it. Sometimes things change fast in this type of situation. Good Luck
Re: Do Parents have to follow the ordered visitation?
The visitation in the decree is for when the parties can't agree. However if you do not trust your ex, it would be good to get something from her in writing so she can't use your willingness to help out against you. Also, keep track of the money you spend on your son during these extra days. Get receipts. You may be able to offset it against child support.
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