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tx picking up child policy

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LdiJ

Senior Member
A standard CS (I assume you mean child support) order should say nothing about visitation or who picks up or drops off. That would be in a custody or visitation agreement.

So, what does your custody or visitation agreement say about the issue?

If you not taking the child back to the mom is a violation of such an agreement she can show up at court 8:00 am Monday morning and file a motion for you to be held in contempt of court.

What state are you in?
When the AG in TX makes a child support order the AG can also order that TX standard visitation guidelines be followed.
 


LdiJ

Senior Member
I tell her 15 min before 6 that she can pick her up at my place. My order does say I have to drop her off at her residence. I'm asking if I continue letting her know that she can pick her up at my place at 6, and don't drop her off at her place,what can she legally do?
She can file in court to ask the judge to hold you in contempt. The judge can slap your wrist, or give you a stern warning, or fine you, or even jail you. It all depends on how the judge feels about what you did, and why you did it. I can tell you that if you do it more than once, the judge is likely to be seriously ticked off at you. Doing it with only 15 minutes warning unless an actual emergency exists, is being a serious jerk.

I am going to guess that your backstory is that you want to force mom to pick up from you and that's why you don't want to give her any warning. The judge probably will not like that at all.
 

LdiJ

Senior Member
I'm sure the AG can do lots of things in Texas. None of them applied when I asked the question.
Let me put this a little bit differently. It is standard in Tx for the AG to order the parents to follow the standard TX guidelines for parenting time. Therefore, unless they went to court separately from the AG's order because someone wasn't happy with the standard order, there isn't going to be a separate visitation/custody agreement. You seemed not to know that TX was a bit different than the rest of the country, in that respect.
 

PayrollHRGuy

Senior Member
But the OP didn't say he had an SPO he said he had a CS. To assume that there is an SPO in place would in no way help the OP.

In fact, when the OP said he had a standard CS he didn't tell us what state he was in. I had to ask.
 

Zigner

Senior Member, Non-Attorney
Let me put this a little bit differently. It is standard in Tx for the AG to order the parents to follow the standard TX guidelines for parenting time. Therefore, unless they went to court separately from the AG's order because someone wasn't happy with the standard order, there isn't going to be a separate visitation/custody agreement.
Cite please...
 

LdiJ

Senior Member
Cite please...
I am sorry that your memory doesn't extend to the dozens of times that subject has been discussed on these forums.

However, here is a snippet from the website that follows:

"Or, you can open a case with the Office of the Attorney General (OAG) Child Support Division. Although the OAG cannot represent you, the OAG may be able to help you get a custody, visitation, child support (including back child support) and medical support order. For information about opening a case with the OAG, call 1-800-255-8014 or go to its website: Texas Attorney General Child Support Division. "

https://texaslawhelp.org/article/child-visitation-possession-orders

And here is the AG's website:

https://www.texasattorneygeneral.gov/child-support

"And here is another snippet from the website that follows:
Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer. The SPO tells the parents where the exchanges of the child will take place, where the child will spend the holidays, and has special rules for parents who live more than 100 miles apart. The court does not have to follow the SPO if a child is under three years old or if the SPO is not in the best interest of the child. NOTE: Parents with an SPO can agree to any schedule that works for both of them. If they can’t agree, then they must follow the SPO."


If you go through the OAG, child support staff must follow the Texas Family Code presumptions of the SPO


http://www.txaccess.org/standard-possession-order-and-parenting-time

Again, this is a subject that has been discussed on these and other forums dozens, if not hundreds of times over the years. I am rather surprised that you would not remember that.
 

Zigner

Senior Member, Non-Attorney
I am sorry that your memory doesn't extend to the dozens of times that subject has been discussed on these forums.

However, here is a snippet from the website that follows:

"Or, you can open a case with the Office of the Attorney General (OAG) Child Support Division. Although the OAG cannot represent you, the OAG may be able to help you get a custody, visitation, child support (including back child support) and medical support order. For information about opening a case with the OAG, call 1-800-255-8014 or go to its website: Texas Attorney General Child Support Division. "

https://texaslawhelp.org/article/child-visitation-possession-orders

And here is the AG's website:

https://www.texasattorneygeneral.gov/child-support

"And here is another snippet from the website that follows:
Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer. The SPO tells the parents where the exchanges of the child will take place, where the child will spend the holidays, and has special rules for parents who live more than 100 miles apart. The court does not have to follow the SPO if a child is under three years old or if the SPO is not in the best interest of the child. NOTE: Parents with an SPO can agree to any schedule that works for both of them. If they can’t agree, then they must follow the SPO."


If you go through the OAG, child support staff must follow the Texas Family Code presumptions of the SPO

http://www.txaccess.org/standard-possession-order-and-parenting-time

Again, this is a subject that has been discussed on these and other forums dozens, if not hundreds of times over the years. I am rather surprised that you would not remember that.
No, you misunderstood. Look back at what you said:

Let me put this a little bit differently. It is standard in Tx for the AG to order the parents to follow the standard TX guidelines for parenting time.
I would like you to cite where it is standard for the TX AG to issue a custody order.
 

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