My child's mother and I have had some tension lately. She recently moved and with my work schedule her new address is difficult to get to by 6 which is "the time possession begins" for me according to the court order. I have to drive in Rush hour traffic and it takes roughly and hour to get there. Tonight I arrived at her new address for the first time 29 minutes late and she refused to let me take my child. I called an officer and they just advised me to fill out a violation of cuatody claim. Is it legal for her to refuse my visitation bc I'm late bc of traffic? Note: I notified her 20 minutes before that I was stuck in traffic and she claims she can keep him for 24 hrs
You need to either come to a voluntary modification with her or take her to court and get it modified. Try to work it out with her without using the court and put your offers in writing, so if you need to show she was unreasonable at trial you will be able to demonstrate her position without solely relying on testimony. I also think you should consult and attorney there in Texas promptly.
Yes, it's "legal" - but the judge is not going to like it.
Talk to an attorney. File a motion for increased visitation and reduced support.
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Your in Ft. worth. I practice there. Since you called and said you were in traffic and still got there within 29 minutes will not impress the Judges. I would try ken more time and then if she does it again then file a motion to enforce. Don't call text so that you have a record. Get a recording program on your phone that records automatically. This is to prove you were there. Then get a lawyer and take her to Court. She will be surprised at the court reaction. Hopefully she is in 233rd.
She didn't refuse visitation because of traffic--but because you were late. Courts vary on how much leeway the other parent is expected to give you. From 15-30 minutes is usual for weekend visits. The Courts tend to give much more leeway Christmas and summer possession, although you have technically violated the order. Just pick the child up when she says you can get him and meet with an attorney later about whether a motion for enforcement (contempt) is appropriate. Know that the parent who is having to wait for you to show up can feel very disrespected when their plans are repeatedly disrupted. FYI: I believe she made up the 24 hour rule.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
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