Who's right?

[txmom512]

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

NCP texts CP that NCP will be picking up child at 7pm the following week. The pickup time in the CO is 5pm.

On 1pm the day of pickup, NCP texts CP again to remind CP that the child will be picked up at 5pm. CP texts back that since the first text said 7pm, CP has plans, and child won't be available until 7pm. NCP is furious, states that first text was a typo, and that the child must be available for pick up at 5pm, since thats the CO'd time.

Who is right??

 

[Antigone*]

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

NCP texts CP that NCP will be picking up child at 7pm the following week. The pickup time in the CO is 5pm.

On 1pm the day of pickup, NCP texts CP again to remind CP that the child will be picked up at 5pm. CP texts back that since the first text said 7pm, CP has plans, and child won't be available until 7pm. NCP is furious, states that first text was a typo, and that the child must be available for pick up at 5pm, since thats the CO'd time.

Who is right??

You really want to fight over two hours?

The person who is right, is the person going by the court order. That way you don't fight.

 

[breezymom]

Legally...perhaps I am wrong, but, I believe the court order is correct.

 

[kimberlywrites]

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

NCP texts CP that NCP will be picking up child at 7pm the following week. The pickup time in the CO is 5pm.

On 1pm the day of pickup, NCP texts CP again to remind CP that the child will be picked up at 5pm. CP texts back that since the first text said 7pm, CP has plans, and child won't be available until 7pm. NCP is furious, states that first text was a typo, and that the child must be available for pick up at 5pm, since thats the CO'd time.

Who is right??

NCP. The court order states 5 p.m.

 

[CSO286]

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

NCP texts CP that NCP will be picking up child at 7pm the following week. The pickup time in the CO is 5pm.

On 1pm the day of pickup, NCP texts CP again to remind CP that the child will be picked up at 5pm. CP texts back that since the first text said 7pm, CP has plans, and child won't be available until 7pm. NCP is furious, states that first text was a typo, and that the child must be available for pick up at 5pm, since thats the CO'd time.

Who is right??

The court order is right.

The NCP has the option to exercise their RIGHT to court-ordered parenting time, however the CP has the OBLIGATION to ensure the child is available as per the court order.

 

[Silverplum]

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

NCP texts CP that NCP will be picking up child at 7pm the following week. The pickup time in the CO is 5pm.

On 1pm the day of pickup, NCP texts CP again to remind CP that the child will be picked up at 5pm. CP texts back that since the first text said 7pm, CP has plans, and child won't be available until 7pm. NCP is furious, states that first text was a typo, and that the child must be available for pick up at 5pm, since thats the CO'd time.

Who is right??

Court order.

And the CP should NEVER be ooky and selfish about TWO HOURS.

The CP has the constant pleasure of the company of the child/ren.

 

[Silverplum]

Legally...perhaps I am wrong, but, I believe the court order is correct.

It's nice to want to help, but you're not in a position to comment on other threads: you're not confident in your knowledge, you're not sure of the law. Keep reading -- you're on your way!

 

[CJane]

It's nice to want to help, but you're not in a position to comment on other threads: you're not confident in your knowledge, you're not sure of the law. Keep reading -- you're on your way!

BUT. She's right. The court order is always correct.

 

[Silverplum]

BUT. She's right. The court order is always correct.

Yes...with hesitation...and unsureness...

It's not like I *smacked* her.

 

[CJane]

Yes...with hesitation...and unsureness...

It's not like I *smacked* her.

Oh, she'd know if she'd been smacked by the mighty Plum. I was just offering some positive reinforcement.

 

[breezymom]

LOL Type. It was more sarcastic in nature, but type does indirect sarcasm no favors! Thanks, Silverplum.

 

[kimberlywrites]

Breezy is the kind of newbie seniors like Silver like. Willing to learn,wanting to learn, not dramatic, tells it like it is. RARE is there a newbie like that. Except when it was me,of course.

 

[txmom512]

Thanks!
It's not my situation - it's a friend's. I don't know enough, legally, to be able to tell them one way or another (my dd's dad has either been 'too busy' or is 'working a lot' so can't see dd - for the past 8 years.... And I kinda agree w/ people, 2 hours is really fairly insignificant)... They know I look at this board sometimes & suggested I ask y'all.

I think one rationale was that NCP changed the time days before, so CP made plans based on that change, but then NCP tried to change it back 6 hours before the changed time / 4 hours before court ordered pickup.

This was one response to NCP:
"If the first text was a typo, you needed to let me know that it was wrong immediately. I have made other plans, based on the text YOU sent me. We'll be home at 7. And if you're planning to file contempt, I will have hard copy output of our texts demonstrating that this was the time YOU gave and demonstrating you made no effort to correct that error until the day of pick up.

See you at 7!"


This is what another friend said:

NCP requested, no demanded, a time change- in writing. CP granted it. NCP can't be all pissy about that forfeited time to CP being used by CP. Take it to court- I'd love to see that.

"Mr/s NCP, you have it here in writing that you wanted a time change. CP agreed to that change."

"Yes your honor."

"Now you are saying that since CP made plans during that time and the child was not there at 5pm after a couple hours notice (presumably during their plans) you say they are depriving you of your visitation?"

"Yes your honor."

"Wow! CP sux! Change in custody rightthisveryminute!"

Yeah, I'm not seeing it.

Tough that NCP changed their mind. That kind of bs is game-playing

 

[txmom512]

BUT. She's right. The court order is always correct.

Even if NCP changes it, in writing, days before pickup? Then they can go back and change it back 4 hours before pickup?

 

[CJane]

Even if NCP changes it, in writing, days before pickup? Then they can go back and change it back 4 hours before pickup?

Look, if there's a dispute between the parents about ANYTHING, a clearly worded court order wins. The ORDER is CORRECT.

It's not worth fighting about from EITHER side, in my opinion, but the plans CP made cannot POSSIBLY be so important that s/he's willing to risk being found in contempt just to prove a point, right?