In the state of Texas, my spouse and I share a week on week off custody arrangement. My son goes to daycare at the church/school that my spouse's dad is pastor at and my ex-wife and her parents consistently take him from daycare during lunch during my custody weeks. I have told the school that I do not want anyone, including them, to have contact with him during my custody time, but it has not changed anything. Is she in violation of the custody arrangement? Do I have the right to not allow the visitation? The custody agreement is pretty standard and does not specifically mention this.
1 Answer from Attorneys
There is an issue with the fact that they are showing up although I'm not sure a judge is going to be compelled to do anything but tell them to knock it off unless you can show it somehow is negatively affecting your son.
What concerns me more is that the daycare is ignoring your instruction. You may want to think about taking your son to a different daycare.
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