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Am I following the rules correctly?

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wordy68

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

I had posted a couple of months back regarding my 18 year old and my 15 year old not seeing their father for their scheduled visitation. Father lives two minutes away. Kids and he have always had the habit of seeing each other both in and out of the visitation on their own. Setting up times and overnights etc. In other words, they all kind of made it up as they went along and everyone seemed happy. Teen years hit and kids don't want to go over as often. I was admonished here by some for not making sure these visits happened regardless of what the kids wished. I have made the children available to their father and have communicated that they are here and he may see them or come get them. I have NOT physically taken my children to their dad's residence when they state they don't want to go. I DO tell dad that the children are available to him. Anyhoo...came across my divorce decree and it states that I am ordered to "surrender the children to" their dad "at the beginning of each period of his possession" at MY residence. It also goes on to say that at the end of this period, he is to return them to my residence. So, my question is this...if I am NOT physically driving my children to their dad, but I AM making them available to him, am I not still abiding by the orders?
 


ecmst12

Senior Member
Sounds like your court order is for him to do all the transporting, so as long as you make sure they are at your house, you are following the order. If he does not attempt to pick up, that's on him.
 

single317dad

Senior Member
Sounds like your court order is for him to do all the transporting, so as long as you make sure they are at your house, you are following the order. If he does not attempt to pick up, that's on him.
I agree with this, and would add that you are not required to tell him every time that the kids are ready/available. Simply make it clear one time that you will be following the court order, and the children will always be ready for his pickup at the designated time and place. That is sufficient.
 

LdiJ

Senior Member
I agree with this, and would add that you are not required to tell him every time that the kids are ready/available. Simply make it clear one time that you will be following the court order, and the children will always be ready for his pickup at the designated time and place. That is sufficient.
I agree with this response and the previous one, but I will also add something. The 18 year old is no longer subject to the visitation order. Even if the 18 year old is still in high school and dad is still required to support him or her, he or she is no longer subject to visitation order.
 

wordy68

Member
I agree with this response and the previous one, but I will also add something. The 18 year old is no longer subject to the visitation order. Even if the 18 year old is still in high school and dad is still required to support him or her, he or she is no longer subject to visitation order.
Thank you very much for your time! :)
 

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