Legal Question in Family Law in Texas
Picking up from Childcare
My wife and I are currently in the beginning process of a divorce. We have agreed right now to every other weekend visitation. This is my weekend and I am going out of town with my daughter. My wife knows this but when I said that I would get her bags ready and go and pick her up early she went ballistic. Telling me that when we get the divorce I would not be able to do that, pick my daughter up from day care. I am just wondering if this could be true, or another instance of her blowing off steam at me.
1 Answer from Attorneys
Re: Picking up from Childcare
You asked a good question and the answer is -- it depends.
Unless there is a reason (such as you might kidnap the child outside the US or you lost your driver's license due to dui's) you can normally take the child anywhere you want when you have visitation.
Regarding picking the kid up at daycare. Again, that depends. If you agree to pick the child up each time when daycare (or school) ends on Friday, then that can be part of your Final Decree of Divorce.
Lastly, the first paragraph of the visitation section of a Final Decree of Divorce says basically -- if you guys agree you don't need to read the rest of the court ordered visitation. Court ordered visitation is the minimum visitation.
If you live in Harris County, Texas, feel free to give me a call. Be sure to mention that you found me on lawguru.com.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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