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Violation of Custody Schedule

Austin, TX |

I have made several extremely reasonable requests to my son's father regarding a family trip home. My ex has custody of our son overnight during the week, and the weekend in question is my own weekend. I are trying to leave earlier in the day the day of his overnight to take my son home to visit his great grandmother for our family celebration of her birthday. She is turning 92 years old and he needs to be there as she may not have many more birthdays. I have sent several requests asking him to simply switch nights during the week with me and even offering him an additional day with our son during my own time. He refuses to work with me simply because he doesn't want to allow us to travel home. If I go out of state with my son anyway, what is the worst that can happen?

I should have specified that my ex has custody of our son for one evening during the week for an overnight visit. I am the custodial parent and during the visit we are trying to take home, my ex will lose less than 24 hours visitation with our son. As stated, I have tried to request he switch nights with me and have promised extra visitation time.

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Attorney answers 4


I am sorry that you are going through this, you have an awful lot going on and i strongly suggest you work wtih a local Austin attny to protect everyone's interests. everythign you are saying seems reasonable and most likley the cour will agree with you. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


I agree with the other attorney. You need to consult with an attorney in Austin.

I don't really understand your question. Pick up the child during your scheduled visit & take the child to visit his great-grandmother during your visit. There is nothing that sounds like it prevents you from visiting her. It just sounds like you might miss a party or arrive a little later than you would like.

If he won't cooperate with you, you cannot make him cooperate without a court's order. If the great grandmother's birthday is soon, you might not have time to get before a judge or you might not have the money to get before a judge before the birthday party.

What is truly important? That the child get to visit his great grandmother while she is alive. Missing a party is truly not important. What is important is the time the child gets to spend with his great grandmother.

Good luck!


You need to look at the court's order to determine what you can and can't do. Does it prevent you from taking the child out of state -- probably not. I am sorry that you are fighting with your ex-husband over the matter. Absent modifying the order, he is permitted to be with the children at that time. If you want to modify the order, you need lead time for an attorney to help you. It doesn't sound like you have that. It appears that you'll need to go a little later. I would think long and hard before you pick this fight. Is showing up several hours later more harmful to your son than a custody dispute? That answer is probably "no."

This post is for discussion purposes only and is not intended as legal advice. This post does not create an attorney-client relationship. If you are interested in retaining counsel, you may contact The Law Office of Daniel O'Brien, P.C. at 512-615-3580 to discuss further.


If we could figure out how to Order folks to be good parents, we would make millions. Unfortunately, it is not that easy. Sorry you are going through this....


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