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CP visitation rights

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tanilan

Junior Member
:mad:In Texas?

My son's father and I have had issues in the past concerning visitation. I live almost an hour and a half from where he does. I work and our son, who is 13 years old, is heavily involved in school activities. I also am married and have another son who is in high school. Everyone is very involved in school. My husband is our varsity basketball coach. My question is how is it possible that this man dictate to me where we meet? It is always a matter of his convenience. Why can he not come to where we live and pick up his son; and bring him back home.

Why must I fight with him? My son is pretty upset with him and it is causing problems in my marriage? What are our rights?
 


Just Blue

Senior Member
:mad:In Texas?

My son's father and I have had issues in the past concerning visitation. I live almost an hour and a half from where he does. I work and our son, who is 13 years old, is heavily involved in school activities. I also am married and have another son who is in high school. Everyone is very involved in school. My husband is our varsity basketball coach. My question is how is it possible that this man dictate to me where we meet? It is always a matter of his convenience. Why can he not come to where we live and pick up his son; and bring him back home.

Why must I fight with him? My son is pretty upset with him and it is causing problems in my marriage? What are our rights?
Who created the distance between the two of you?
 

stealth2

Under the Radar Member
Well... given that the son in question is not in HS nor on the BB team there, your husband's involvement is moot. As it would be any way.

What does your order say? When was it last modified? And which of you created the distance?
 

tanilan

Junior Member
We haven't been together since my son was 2 1/2 years old. He is 13 years old now. I got married 4 1/2 years ago and moved to where my husband coaches.

I have never keeped my son away from his father, I only ask for a little consideration for time and gas.

I have had to fight to get my son back for a funeral. I have almost been ran over in my own driveway. All the while, I have tried to maintain a good relationship for my son's sake!
 

tanilan

Junior Member
Well... given that the son in question is not in HS nor on the BB team there, your husband's involvement is moot. As it would be any way.

What does your order say? When was it last modified? And which of you created the distance?
Sorry my son is involved in band, football, basketball, UIL Academics, A/B Honor Roll, Cross Country (6th in our district), golf, and track & field. My husband is also his shot and discus coach (kind of important to be at practice if you want to be good).

The order is general, it has not been modified since my son was 6 months old (at that time his dad and I were still together). I got married 4 1/2 years ago. I moved because that is where my job and my husband's job was.
 

stealth2

Under the Radar Member
We haven't been together since my son was 2 1/2 years old. He is 13 years old now. I got married 4 1/2 years ago and moved to where my husband coaches.

I have never keeped my son away from his father, I only ask for a little consideration for time and gas.
Since you moved, it's your responsibility to cover those. Not Dad's. Sorry.

I have had to fight to get my son back for a funeral. I have almost been ran over in my own driveway. All the while, I have tried to maintain a good relationship for my son's sake!
Proof? Do you have it?
 

Zephyr

Senior Member
Sorry my son is involved in band, football, basketball, UIL Academics, A/B Honor Roll, Cross Country (6th in our district), golf, and track & field. My husband is also his shot and discus coach (kind of important to be at practice if you want to be good).

The order is general, it has not been modified since my son was 6 months old (at that time his dad and I were still together). I got married 4 1/2 years ago. I moved because that is where my job and my husband's job was.

it does not matter that it hasn't been modified since he was 6- that IS the ruling order....what does it say (word for word) about visitation and exchanges?
 

tanilan

Junior Member
What is the exact language of the court order regarding visitation and exchanges?
I just called and requested another copy of the order. However, it is just the general one provided in Family Code Subchapter F 153.311 through 153.317
 

Zephyr

Senior Member
Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child:

(1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator;

(2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled;

(3) the possessory conservator shall be ordered to do one of the following:

(A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or

(B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if:

(i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or

(ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered;

(4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled;

(5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession;

(6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned;

(7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period;

(8) written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due; and

(9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school.
 
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