tx picking up child policy

[cmor0309]

I have a standard CS order and I was wondering what can the mom legally do if come 6 o clock on sunday I tell her to come pick up our daughter from my place.

 

[AlmostThere]

Please clarify your question.
What does your order say about pickups?
What is your concern?

 

[Zigner]

You DO mean that you remind her that you have previously notified her that you would be unable to arrange transportation back, so she would need to work something out, right?

 

[PayrollHRGuy]

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?

 

[cmor0309]

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?

 

[cmor0309]

texas

 

[AlmostThere]

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?

If you order says you drop off at the mom's residence, that that is what you do. It's pretty unreasonable for you to decide with 15 minutes notice she should pick up your daughter.

 

[Zigner]

Honestly, the answer here can be summed up very easily: Don't be a jerk.

 

[PayrollHRGuy]

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?

You are in violation of the order. You could be found in contempt of court.

 

[Zigner]

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?

I missed that. I agree. It is on YOU to drop off, as per the court order. Now, if some exigent circumstance exists, you likely wouldn't get "in trouble", but to just do it on a whim is wrong.

 

[t74]

You are deliberately creating a problem. If this is a special situation, ask the swap transportation responsibilities for that day or the next.

Next time you go to court for another reason, you can request that the procedure be changed so that the receiving parent pick up the child. However, in most cases a parent would love the flexibility to be out and about and do the drop off after a visit. If the child is in school, it is convenient - and less conflict - if the exchanges occur at the school as part of the child's normal daily routine.

Be sure each parent or others who drive the child) have appropriate car seats so that it is unnecessary to include these as part of the exchange.

 

[not2cleverRed]

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?

If this were a one time incident due to, for example, car trouble (like, you found out at 5:40 that your car wouldn't start), then were she complain to a court, the judge might have some sympathy for you.

However, if you do this frequently, and for no good reason only give her 15 minutes notice, you should not count on sympathy. You could arrange for someone to give you a ride to get your daughter home, or you could petition for a modification to the order.

 

[stealth2]

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?

LOL She can file for contempt against you. She would be smart to document your requirement that she p/u by asking the cops to show up and file a report. She can ask the court to order supervised parenting time at a facility since you are unable to follow a Court order to return the child.

Are you stupid? Do you WANT to lose parenting time?

 

[stealth2]

Suddenly Cmore....
Sorry - my brain sometimes goes in odd directions...

 

[zddoodah]

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?

If you repeatedly violate the terms of the custody/visitation order, she can ask that the court hold you in contempt, which could, theoretically, result in you being fined and sanctioned, required to pay her attorneys' fees, and, in extreme situations, sitting in jail for a day or two.