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Ex wants to take child for unscheduled visit. In the middle of child custody suit. Afraid he won't return her. What do I do?

Arlington, TX |

Hearing scheduled for 9/16/13 on legal action OAG filed against ex for child support in arrears $4,500.00. I was served 9/9/13 with Answer and with TRO & Order Setting Hrg for TO AND Courterpetition to Modify Parent-Child Relationship (custody). Hrg. on TRO set for 9/18/13 and ex just contacted me wanting to picki up my daughter (adult/disabled) for unscheduled visitation. I'm afraid he wants to take her and plans to keep her so when we go to court on 9/16 & 9/18 he can be able to tell the Judge she is with him!! I told him his scheduled visitation was not until 9/21/13 and he said "why not, I've taken her before during unscheduled times"? I told him we weren't in the middle of a custody suit either. Because of TRO, will I get in trouble if I don't let him take her? What do I do?

My daughter is 23 yrs. old and has cerebral palsy. She requires 24 hour care. She is enrolled in a state program (C.L.A.S.S.) who pays me to stay at home and care for her instead of having to pay a nurse to come into the home and care for her while I work outside the home.

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Attorney answers 4


Are there orders in place concerning visitation? If so, follow them EXACTLY. If it specifies how often he gets visits, or when, then do that.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.


I agree, if you have an order for visitation already follow it. Co-parenting isn't easy, you need to communicate with the other parent your concerns with visitation and discuss it with your Attorney.

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Only follow the visitation that is outlined in the court order until/unless the court orders otherwise, especially if you have concerns about her safety. You should hire an experienced attorney as soon as possible.


You should follow the possession order precisely. If your child needs constant care then I am sure your child also has needs (doctor appt., therapy etc.) on unscheduled days. If you are honest and show that you are only interested in the best interest of the child, the court will not be upset. Just don't play games.