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I need to know and have access to Texas family code covering...

Mckinney, TX |

My ex husband not utilizing his weekend possession during the summer (not his summer possession but the 1,3 and 5 weekends in the summer) by not picking the kids up at the beginning of the weekend and he therefore he is forfeiting the entire weekend? I need to be able to quote to him the legality of the texas code....

He is wanting to have the weekend back that he did not take in early July.... is there a family code that states that he forfeited the entire weekend by not picking them up on Friday at 6pm as our decree states?

Attorney Answers 3

Posted

You should have a court order that is enforeable as to exercising your custody rights. If he is not following the order you need to contact your attorney and they can assist you in enforcing the order. As long as you are following your order you doing the right thing. You don't need to quote your ex-husband the law b/c it probably wouldn't do anything but make things worse. Let your attorney handle it so you can avoid trying to explain to your ex what he clearly is not understanding. Good luck!

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Posted

You really need to contact an attorney an allow him/her the opportunity to review your order. Without having knowledge of all the terms in that order, it's hard to tell you exactly what you should or shouldn't do. But, I do agree with the answer above, especially about not quoting the law to your ex. Usually, that will only lead to an argument and more issues. Best of luck.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor constituting an attorney-client relationship. This attorney is licensed in Texas.

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Posted

If there is no order, neither party will have better rights of possession or custody. If there is an order, simply follow the order. If he fails to pick the child up, he misses the weekend. Remember that if this gets drug into court, denying the Father visitation without GOOD cause will look pretty bad.

What are your end goals? Perhaps if you clearly stated those, you would be able to better position yourself to reach them.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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