Just Wondering

[tsbook]

What is the name of your state? Texas

As long as I do what my attorney says, will I be safe? He tells me not to turn over my kids if I feel it is unsafe for them to go, but of course I still worry. I worry about contempt issues, but she has not followed any court orders period. She is supposed to pick up the kids after school, but she tries to show up at 730 or 8 pm to get them or even later. The way I am understanding is that if she does not show up within 30 min of actual time she forfiets her visitation rights.

 

[Zephyr]

what exactly does your court order say in regards to visitation/pick up times/ etc?


and to your first question, your lawyer would not advise you to break the law.

 

[brisgirl825]

What is the name of your state? Texas

As long as I do what my attorney says, will I be safe? He tells me not to turn over my kids if I feel it is unsafe for them to go, but of course I still worry. I worry about contempt issues, but she has not followed any court orders period. She is supposed to pick up the kids after school, but she tries to show up at 730 or 8 pm to get them or even later. The way I am understanding is that if she does not show up within 30 min of actual time she forfiets her visitation rights.

As Wannacry said, you need to look at your COs. If it doesn't state anything about forfeiting her visitation after X amount of time...then you need to keep the child available.
Why is she picking them up late? Is it b/c of work?

 

[casa]

What is the name of your state? Texas

As long as I do what my attorney says, will I be safe? He tells me not to turn over my kids if I feel it is unsafe for them to go, but of course I still worry. I worry about contempt issues, but she has not followed any court orders period. She is supposed to pick up the kids after school, but she tries to show up at 730 or 8 pm to get them or even later. The way I am understanding is that if she does not show up within 30 min of actual time she forfiets her visitation rights.

It depends on what you consider "safe" and whether a judge would agree if mother filed against you for contempt of court ordered visitation. ie; if she shoes up drunk- obviously it's not 'safe' to let her take them. etc.

Unless you have language in your court order which specifies there is a time frame/limitation....then No, you must have the child available during the whole time visitation is outlined. I had this issue- but I had to follow the court order until I filed to modify/clarify the visitation order...NOW there is a 30 minute time frame, which if the other parent doesn't show up by they forfeit visitation.

 

[nojusticeinohio]

What is the name of your state? Texas

As long as I do what my attorney says, will I be safe? He tells me not to turn over my kids if I feel it is unsafe for them to go, but of course I still worry. I worry about contempt issues, but she has not followed any court orders period. She is supposed to pick up the kids after school, but she tries to show up at 730 or 8 pm to get them or even later. The way I am understanding is that if she does not show up within 30 min of actual time she forfiets her visitation rights.

I don't want to tell you to not listen to your attorney, but I dealt with kind of the same situation. My daughter was not safe with her father and after the medical report of the abuse she suffered, my attorney told me not to send her for visitation so I didn't. The father filed a contempt charge on me. When we went to court, the judge didn't yell at my attorney - he yelled at me for disobeying his previous order. He then threatened me by saying that if I withheld visitation one more time he was automatically going to give the father custody. So if I were you, I would be very careful about what you do. When it comes down to it you might be the one taking the fall for something your attorney advised you to do.

 

[tsbook]

Thank you for the replies. The CO states she is to pick them up after school on Friday's and return them on Monday to school. One is in daycare and the other in school. My attorney is a "sit-in-judge" and he has not steered me wrong yet, but I do still worry. I am at the point of not caring what happens to me because my childs safety comes first. She never calls, has not paid one penny for CS and will not update any records. I call the Court Admin every week for updates. She will not give me an adress to serve her, and even denied CPS any information when they asked. The orders are very specific about the status of the NCP:safe, secure, stable enviroment. She has nothing like that. She is indegent and when I asked her Friday where they would stay for the weekend she did not know, and asked ME where they could stay. I just cant do it. I want to go to court, but I cant get her there. My attorney is about to file a Publication serving, or something like that. Thank you again for the replies BTW.

 

[StickyFingers]

The CO states she is to pick them up after school on Friday's and return them on Monday to school.

We need exact times. If there are no exact times then when are these so-called "30 minutes" supposed to start?

My attorney is a "sit-in-judge" and he has not steered me wrong yet, but I do still worry. I

From a small town?

I call the Court Admin every week for updates. She will not give me an adress to serve her,

Hire a PI...ASAP!

and even denied CPS any information when they asked

Then CPS still has a case open?

The orders are very specific about the status of the NCP:safe, secure, stable enviroment. She has nothing like that.

Actually that is very vauge.

She is indegent and when I asked her Friday where they would stay for the weekend she did not know, and asked ME where they could stay.

Hence you keeping the kids....and worried about being in contempt?

I just cant do it.

Can't do what?

I would hire a PI...Have you looked into that?

 

[tsbook]

So she can decide to come get them anytime? I have to be available for her convenience?

He is a "sit in" in one of the top 10 cities in the Nation.

I have tried to hire a PI and they are so expensive. I am already out major money every month.

CPS will not keep a case open because she will not cooperate. There have been 4 cases on her. They just dont want to deal with her becasue they think the courts should b handling it. Hence I am outta luck because I cannot serve her: we cannot locate her.

I did not think not was vauge. But I am not an attorney.

I do not feel I would be in contempt if she has no place to take them.

I cannot let them go with her, becasue I fear she will run or let them stay with another drug dealer.

This is a long drawn out thing... sorry.