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  1. #1
    sonofabit is offline Junior Member
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    Question Texas Law: Missed pick up time = forfeited visitation?

    What is the name of your state (only U.S. law)? Texas

    My wife's ex-husband has visitation rights this weekend, however they began at 6pm yesterday (Friday). It's now 2:30pm Saturday, and he now wants to pick up his child.

    I looked through the divorce papers, and though it says he is required to pick the child up at the specified time, it does not say what happens if he doesn't. It specifically says his right to possession begins at 6:00pm that friday, ending the following Sunday at 6:00pm...

    I interpret this to mean that as long as he picks up the child within that time, he has a legal right to possesion until the end of the period.

    Is there anything in texas divorce law that would cause him to forfeit visitation rights if he misses his appointment to pick up the child?

    Additionally, this Monday being a holiday, his possession is extended to Monday at 6:00pm. However, he wants to return the child tomorrow (Sunday) instead. Isn't he obligated to keep the child the full time, and make arrangements for the child's care if the mother is otherwise occupied (or hell, even if she isn't!)?

    She has an appointment next week to review the divorce terms, we will make sure this is addressed, but what do we do this weekend? can she deny him visitation rights?
  2. #2
    Ohiogal is offline Senior Member
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    You get to do nothing. Mom can play whatever game she wants. Dad didn't forfeit anything unless the papers state he forfeited visitation. Apparently they don't. So he can pick up his child. Maybe he doesn't recall that this weekend is his holiday. And maybe MOM could cooperate with the man she chose as a father to her child.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    sonofabit is offline Junior Member
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    I asked what the state law says. I don't plan to do anything, I want to know what HER options are.

    I figured she would have to wait until the review, but I want to know if there is any LAW in place for this specific situation.

    if you don't know, then just say so.
    Last edited by m martin; 09-06-2009 at 02:37 PM.
  4. #4
    stealth2 is offline Senior Member
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    Isn't it better for the child to spend SOME part of the time with his Dad than NONE of the time? At least that's how I look at it.
  5. #5
    sonofabit is offline Junior Member
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    Quote Originally Posted by stealth2 View Post
    Isn't it better for the child to spend SOME part of the time with his Dad than NONE of the time? At least that's how I look at it.
    agreed, agreed agreed, we don't have an issue with that at all...

    but coming and going willy nilly against the specified times doesn't seem fair either. it'll definitely be amended on the review, but I'm curious what happens if we never addressed it, and how the courts handle similar situations if there is indeed no law on the books.
  6. #6
    stealth2 is offline Senior Member
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    Quote Originally Posted by sonofabit View Post
    agreed, agreed agreed, we don't have an issue with that at all...

    but coming and going willy nilly against the specified times doesn't seem fair either. it'll definitely be amended on the review, but I'm curious what happens if we never addressed it, and how the courts handle similar situations if there is indeed no law on the books.
    Mom can let Dad know where the child will be available for p/u, if she'll be elsewhere with the child, as well as where he should drop the child off if she isn't planning to be home. Or she can rearrange her plans. It really isn't rocket science.

    And it doesn't matter if "you" address it or not. YOU have no dog in the fight. There is no "we" when it comes to their child.
  7. #7
    csosa122000 is offline Junior Member
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    The father should know his visitation times without having to call and make last minute arrangements. It is not fair to you or your wife to work around his schedule. If you all have a decent relationship and he had compensating factors like he lived a large distance away or his job requires him to work during designated visitation days then he needs to communicate that to you all in advance so it does not interfere with your schedule. If there are no compensating factors then he is indeed inconvieniencing you and per Texas law if a parent does not execute visitation from the primary care taker withing 30 min then he/she has forfitted the visitation. There are no excuses for not executing visitation unless there are special circumstances that have been conveyed to you and you all have agreed.
  8. #8
    sonofabit is offline Junior Member
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    that's fine, I say we out of habit (been together 10 years). I've always let them work it out, but she asked me for advice and to review the divorce papers, and I'm wondering if I interpreted correctly.

    it's easy enough to say "work it out" but what happens when that doesn't work? what does the law state happens when one party doesn't cooperate, is it not a legal issue at all but rather strictly civil?
  9. #9
    stealth2 is offline Senior Member
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    Quote Originally Posted by sonofabit View Post
    I asked what the state law says. I don't plan to do anything, I want to know what HER options are.

    I figured she would have to wait until the review, but I want to know if there is any LAW in place for this specific situation.

    if you don't know, then just say so.
    That would be a family law attorney and GAL you're addressing. So you may want to zip it and start learning.

    If YOU don't plan to do anything, then quit with the "we" idiocy - there is no we. You don't matter at all in this situation. And send Mommy over to ask her own questions about her kid and her ex. You just step on back where you belong.
    Last edited by m martin; 09-06-2009 at 02:38 PM.
  10. #10
    stealth2 is offline Senior Member
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    Quote Originally Posted by csosa122000 View Post
    The father should know his visitation times without having to call and make last minute arrangements. It is not fair to you or your wife to work around his schedule. If you all have a decent relationship and he had compensating factors like he lived a large distance away or his job requires him to work during designated visitation days then he needs to communicate that to you all in advance so it does not interfere with your schedule. If there are no compensating factors then he is indeed inconvieniencing you and per Texas law if a parent does not execute visitation from the primary care taker withing 30 min then he/she has forfitted the visitation. There are no excuses for not executing visitation unless there are special circumstances that have been conveyed to you and you all have agreed.
    I wonder if you would please be so kind as to provide a citation for that? Thank you.

    And Dad does not have to communicate anything at all to OP. OP is not a party to the order.
  11. #11
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by csosa122000 View Post
    The father should know his visitation times without having to call and make last minute arrangements. It is not fair to you or your wife to work around his schedule. If you all have a decent relationship and he had compensating factors like he lived a large distance away or his job requires him to work during designated visitation days then he needs to communicate that to you all in advance so it does not interfere with your schedule. If there are no compensating factors then he is indeed inconvieniencing you and per Texas law if a parent does not execute visitation from the primary care taker withing 30 min then he/she has forfitted the visitation. There are no excuses for not executing visitation unless there are special circumstances that have been conveyed to you and you all have agreed.
    Post a link to Texas statute that verifies this advice.
  12. #12
    sonofabit is offline Junior Member
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    Quote Originally Posted by stealth2 View Post
    That would be a family law attorney and GAL you're addressing. So you may want to zip it and start learning.

    If YOU don't plan to do anything, then quit with the "we" idiocy - there is no we. You don't matter at all in this situation. And send Mommy over to ask her own questions about her kid and her ex. You just step on back where you belong.
    I don't care who you are or what you do. you didn't answer my question, so why did you even bother to post?

    my goal IS to learn, if you can't provide advice without lecturing your personal beliefs then maybe you are the one who should zip it.
    Last edited by m martin; 09-06-2009 at 02:39 PM.
  13. #13
    sonofabit is offline Junior Member
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    Quote Originally Posted by stealth2 View Post
    I wonder if you would please be so kind as to provide a citation for that? Thank you.

    And Dad does not have to communicate anything at all to OP. OP is not a party to the order.
    yes please post, this is exactly what I'm looking for!

    and I have no intention of getting involved. they decide what they think is best for the child, i just want to know what the law says.
  14. #14
    stealth2 is offline Senior Member
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    Quote Originally Posted by sonofabit View Post
    I don't care who you are or what you do. you didn't answer my question, so why did you even bother to post?

    my goal IS to learn, if you can't provide advice without lecturing your personal beliefs then maybe you are the one who should zip it.
    Here's the deal. The original response you got was from a LAWYER. One who practices family law.

    If your goal is to learn, you could actually sit down and read TX law. But YOU are the one asking for people to help you w/o paying for it - you could be a bit more gracious, whether you like the tone or not. Or go pay for the advice.
    Last edited by m martin; 09-06-2009 at 02:40 PM.
  15. #15
    sonofabit is offline Junior Member
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    Quote Originally Posted by stealth2 View Post
    Here's the deal. The original response you got was from a LAWYER. One who practices family law.

    If your goal is to learn, you could actually sit down and read TX law. But YOU are the one asking for people to help you w/o paying for it - you could be a bit more gracious, whether you like the tone or not. Or go pay for the advice.
    that's FINE, I appreciate advice from someone who knows the field, but you didn't answer my question, which was what is the actual LAW

    and I can live with that, but you didn't stop there; you closed with a remark I found very condescending, and i responded in kind.

    if that was not your intention, then I apologize, as I realize intent is lost on the Internet. But if it was, then I would urge you consider your position as a professional when giving out advice in the future.

    I've been attempting to find the law on this throughout the day, and had no luck, that's why I posted here, for help in finding the law. I don't want a lawyer to help me win a case, especially when the case has nothing to do with me. I just want to know what the law is.

    that being said, I am grateful, and appreciative to all who have responded, with the possible exception of the first.

    thanks again

    EDIT: sorry I thought you were the original replier, so forgive me I did not mean you specifically, but rather the first replier.

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