Legal Question in Family Law in Texas

My ex has standard possession order. His weekend is on the weekend two memorial services are planned for my brother is unexpectedly died. he is giving me a hard time and says its "his" weekend, even though many family members my kids have not met will be there and may not see again. Are there exceptions to holding them from him in true life and death circumstances? He has been allowed visits on weekends not on "his time" and has already forfeited 12 days this year, and did not pick them up for spring break.


Asked on 8/27/10, 10:50 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

This is not a life and death circumstance. If your decree does not provide an exception for funerals you risk being held in contempt of court for violating that order. However, when relatives ask where the child is you can simply explain that your child is visiting his father by court order. I would remind him that you are perfectly willing to abide by the court order but explain that you expect him to do the same. Then I would ask him if he is willing to discuss switching with a weekend that is not his.

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Answered on 9/01/10, 12:24 pm


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