Non custodial parent has recently started seeing our kid once a month or every other month. Before it would be months before non custodial will see our kid. Non custodial parent has mental issues and irresponsible. My question is if we agree for only two weeks in the summer instead of 42 days can I do something if non custodial parent changes their mind after getting the child. It's past the date that non custodial parent is suppose to get the child but I would like child to go at least two weeks. But I want to know if something can be done if non custodial changes mind and do I have the right to go get child after two weeks?
You can prepare and file a Rule 11 Agreement with the Court that states your case and court numbers on the document (usually a letter), set forth your agreement and both of you sign as AGREED. Date it. File it.
As a practical matter I would let him have possession exactly two weeks before the end of the 42 days he was entitled to anyway. That way the order for return of the children and the Rule 11 Agreement will align, and you won't confuse law enforcement or the Court if you have to file a motion to get the children returned.
If you are really concerned file a Petition to Modify the possession order. How irresponsible is he? Will he have help?
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties.
consult with a texas attorney in your area.
he 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 Arizona. Responses are based solely on Arizona law unless stated otherwise.
Ms. Laster gave you good advice.
I will only elaborate on her last point - if he is irresponsible and has mental issues, why is it safe to send the child at all? Discuss this with your lawyer. Perhaps what you should file is an emergency modification.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
You cannot change a court order verbally. You must file to modify for it to be enforceable.
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