Legal Question in Family Law in Texas
standard order of visitation
I have--name removed--standard order of visitation in my divorce decree. I live in TX, she lives in NC. I am the custodial parent of our son. My ex has not exercised any of her visitation rights thus far. According to our decree if she wanted an extended period for summer visitation she was to give me written notice by April 1st. She did not. Her dates were then set for her to pick him up at 6:00 p.m. on June 15th and return him on July 27th. Now she is not coming to pick him up next week or anytime this month. She is passing word through members of my family that I should expect her in July since it is court ordered. She refuses to give--name removed--date as to her arrival.
My question is do I have to turn him over to her when and if she decides to pop up without telling me directly ahead of time? I don't want to waste time waiting for her to come. I have always advised her of putting anything concerning our son in writing. She has not! Does that order mean that during that time frame of June 15th to July 27th she can come get him when she feels like it? Wouldn't something need to be in writing from her saying that she cannot exercise her full visitation period?
1 Answer from Attorneys
Re: standard order of visitation
I cannot answer your question without reading the Final Divorce Decree.
Can you call your attorney and find out what the document says?
If not, you can pay us to read the decree and give our opinion. We would need a certified copy of the Decree of Divorce (or whatever document is controlling).
Our fee for a one-time one-hour consultation would be $200.
Give us a call if you need us.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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