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  1. #1
    victmich is offline Member
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    Another Definition Please

    What is the name of your state? TX

    Our divorce decree states : Petitioner & Respondent respectively may designate any competent adult to pick up and return child at the beginning and/or end of any period of possesion; further the Petitioner & Respondent respectively must ensure that a competent adult is present when the child is picked up for or returned from a period of possesion

    Our modification states: Designation of a Competent Adult - Eachconservator may designate any competent adult to pick up and return child, as applicable. It is ordered that a conservator or a designated competent adult be present when the child is picked up or returned.

    What is the legal definition of this? Are they both saying the same thing? My ex's wife is trying to tell me that I can't send my sister to pick up my daughter on the 26th(because I have to work) because her and my ex have decided that my sister is not competent. Can they do this?
  2. #2
    SingleMom67 is offline Member
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    Quote Originally Posted by victmich
    What is the name of your state? TX

    Our divorce decree states : Petitioner & Respondent respectively may designate any competent adult to pick up and return child at the beginning and/or end of any period of possesion; further the Petitioner & Respondent respectively must ensure that a competent adult is present when the child is picked up for or returned from a period of possesion

    Our modification states: Designation of a Competent Adult - Eachconservator may designate any competent adult to pick up and return child, as applicable. It is ordered that a conservator or a designated competent adult be present when the child is picked up or returned.

    What is the legal definition of this? Are they both saying the same thing? My ex's wife is trying to tell me that I can't send my sister to pick up my daughter on the 26th(because I have to work) because her and my ex have decided that my sister is not competent. Can they do this?
    Simple answer - No.
  3. #3
    victmich is offline Member
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    So what happens if my sister goes to pick her up and they refuse to let my daughter go?
  4. #4
    jslopez711 is offline Member
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    Quote Originally Posted by victmich
    So what happens if my sister goes to pick her up and they refuse to let my daughter go?
    Then she will be in contempt. Does she know your sister?
  5. #5
    victmich is offline Member
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    Quote Originally Posted by jslopez711
    Then she will be in contempt. Does she know your sister?
    Yes, my ex has known my sister for 14 years! My sister has picked my daughter up in the past and now all of the sudden his wife tells me last night that they decided that she is not competent.
  6. #6
    brisgirl825 is offline Senior Member
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    Quote Originally Posted by victmich
    Yes, my ex has known my sister for 14 years! My sister has picked my daughter up in the past and now all of the sudden his wife tells me last night that they decided that she is not competent.
    Sounds like a meddling SM.

    You have enough time to send a certified letter, return receipt requested, telling them that sis will be there for pick-up.
  7. #7
    Whyte Noise is offline Senior Member
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    Your order says "Eachconservator may designate any competent adult to pick up and return child".

    That means that it's YOUR decision on who is competant and who isn't when you are designating someone, not his.

    Let your ex know in no uncertain terms that if the child is not turned over to who you designate as a competant person, then you will be filing legal action for denial of your visitation time.
  8. #8
    brisgirl825 is offline Senior Member
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    Quote Originally Posted by Whyte Noise
    Your order says "Eachconservator may designate any competent adult to pick up and return child".

    That means that it's YOUR decision on who is competant and who isn't when you are designating someone, not his.

    Let your ex know in no uncertain terms that if the child is not turned over to who you designate as a competant person, then you will be filing legal action for denial of your visitation time.
    And that you will ask the court for him to pay your atty's fees.
  9. #9
    victmich is offline Member
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    [QUOTE=brisgirl825]Sounds like a meddling SM.

    You have no idea!!!! I could go on all day about that one.
  10. #10
    brisgirl825 is offline Senior Member
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    Quote Originally Posted by victmich

    You have no idea!!!! I could go on all day about that one.
    I think I may have some idea.
  11. #11
    victmich is offline Member
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    Quote Originally Posted by Whyte Noise
    Your order says "Eachconservator may designate any competent adult to pick up and return child".

    That means that it's YOUR decision on who is competant and who isn't when you are designating someone, not his.

    Let your ex know in no uncertain terms that if the child is not turned over to who you designate as a competant person, then you will be filing legal action for denial of your visitation time.

    Thank you very much - that is what I thought it meant. It's just that my ex's wife was going on and on about how they had talked with ex's attorney and he said they could decide who was and who wasn't competent. I will follow this advice.
  12. #12
    victmich is offline Member
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    Quote Originally Posted by brisgirl825
    I think I may have some idea.

    You're probably right.....I suppose I'm not the only one
  13. #13
    brisgirl825 is offline Senior Member
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    Quote Originally Posted by victmich
    You're probably right.....I suppose I'm not the only one
    Every situation is unique but all stem from the same problems; insecurity, jealousy, etc.

    If she is a new SM, hopefully things will settle down once she feels more comfy in her standing with your ex. Do they have any kids together?
  14. #14
    jslopez711 is offline Member
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    Quote Originally Posted by victmich
    Yes, my ex has known my sister for 14 years! My sister has picked my daughter up in the past and now all of the sudden his wife tells me last night that they decided that she is not competent.
    Then if your sister is not crazy and is not fellon, she has no wooden leg to stand on. If she does not hand over the child, then fry her.
  15. #15
    victmich is offline Member
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    Quote Originally Posted by brisgirl825
    Every situation is unique but all stem from the same problems; insecurity, jealousy, etc.

    If she is a new SM, hopefully things will settle down once she feels more comfy in her standing with your ex. Do they have any kids together?

    Unfortunately that is not the case. She started dating my ex when my daughter was 18 months old. She is now 11. They have been married for 6 years now and they also have a 6 year old daughter together. I don't think she will ever settle down and that magic age of 18 is still years away.

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