Legal Question in Family Law in Texas

visitation problem

My ex husband seems to think that I have to wait around all weekend for him to decide whether or not he is going to come get his children on his visitation. The custody agreement states that his visitation is to begin on FRIDAY at 6:00 P.M. thru Sunday 6:00 P.M. He never calls to say if he is coming or not and usually, IF he does come, it's not until Saturday afternoon. I feel like I can't ever make plans or allow my children to make plans with their friends because we are always waiting to see if he is coming or not. My question is, from a legal stand, do I HAVE to wait around all weekend on him (if he comes at all), or can I force the issue of him coming on Fridays, as stated in the agreement, and go ahead and make other plans without telling him? I want to say something to him, (we have lives, too) but not until I'm sure that I am in the right. Thanks!


Asked on 5/17/07, 2:01 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: visitation problem

You do not have to wait around all weekend wondering. In similar situations, I advise my clients to send the xspouse a certified RRR letter stating that in the future, visitations will commence promptly at 6 pm on the appropriate date, and end promptly on the appropriate date. Keep the letter short and sweet, no reason to explain your reasoning, or to rehash ancient history. Then, give him 30 minutes, and if he is a no show, the visitation is cancelled. Keep very accurate records of dates and times of visitation. If the letter does not solve the problem, hire a lawyer to file an enforcement.

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Answered on 5/17/07, 2:06 pm


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