Legal Question in Family Law in Texas
summer visitation
Parents reside over 100 miles. In my divorce decree it states that for extended summer visitation my ex should supply me with--name removed--written notice by April 1st. ''Without written notice by April 1st mom shall have possession of the child for 42 consective days in that year beginning at 6:00 p.m. on June 15 and ending on July 27 of that year. Also per the order if either of us cannot exercise period of possession we are to notify the other.
Since the decree, she has not exercised any visitation. I received no letters no voicemail messages. I have often written her several times asking to be notified in WRITING!
Now if she fails to show up on June 15th at 6:00 p.m. or at any time on that day and does not give me written notice - can she just show up whenever she feels like it to get our son? Will I be in contempt if she shows up next month without notice and I am not here or I tell her no she can't take him? I can't afford to play the waiting game. There are several camps my son could go to. She refuses to cooperate.
1 Answer from Attorneys
Re: summer visitation
Since I have not read your decree, I am only giving a general answer for people that live in the State of Texas.
The child needs to be at home on June 15th at 6:00 p.m. If she does not show within a reasonable period, then you are free to go on with your life. What is a reasonable period? If she has not called bt 7:00 p.m. and you have no reason to believe that she's on her way to pick him up, then go on with your lives.
If she shows up June 16th at 6:00 p.m., she has missed her pick up date.
If she calls or writes and asks that you make changes, it is your decision to cooperate or not.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
