Legal Question in Family Law in Texas
visitation
My ex has visitation every other weekend. My divorce degree sayes he suppose to pick up my son on friday at 6pm at my house, and I pick him up at 6 pm sunday at his house. my ex is eighter late on friday or dont pick him up till saturday wich could be any where from in the morning till afternoon. What can i do????I tried talking to him wich dossnt help. Do i have to sit and wait untill he finaly decides to show up??? thank you for your time
2 Answers from Attorneys
Re: visitation
I would wait 1 hour. If he does not show up, then he forfeits his visit since you were ordered to have the child available at 6pm on Friday night.
To protect yourself, I'd have a witness there that is willing to testify that you were home with the child ready to go and he never called or showed up.
You are not be be held "hostage" for the entire week-end.
To protect yourself -- document, document, document.
Re: visitation
No. You do not have to sit and wait, but you should document the fact that he is not picking up the child(ren) as ordered. Otherwise, he might complain that you are interfering with his visitation. (Not that it is true, but sometimes said)