Legal Question in Family Law in Texas

visitation rights

If the parent that does not have custody of the child is unable to pickup the child at his visitation time, can he choose to have a responsible adult pick up the child instead? Does this person have to be a relative?


Asked on 1/02/01, 12:04 pm

3 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: visitation rights

Generally, yes. This statement is in most possession orders:

"Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned."

Of course, any specific order may differ. Read your order to see if the language is there. Sometimes, an agreed order or a judge's order can provide that there is a prohibition against anyone else picking up the child. This may occur, for example, if there is another adult who is alleged to have abused the child. But typically, it is acceptable, and it does not have to be a relative.

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Answered on 1/04/01, 9:27 am
Fran Brochstein Attorney & Mediator

Re: visitation rights

You need to get a certified copy of your Final Decree of Divorce and have an attorney review the wording in the Final Decree.

Usually you can designate a person to pick up your child, however, the Final Decree controls.

If you live in the Houston area, you can give me a call and I will be glad to try to assist you.

Best of luck to you.

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Answered on 1/08/01, 2:40 am
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: visitation rights

The Texas Family Code states that "either parent may designate a competent adult to pick up and return the child." So, unless the Court changed this possession order from the standard provisions, the answers to your questions are "yes" and "no."

This question usually comes up when the new husband/new wife picks up or drops off the child. Although this may be in poor taste, absent some prohibition in the possession order, it is allowed.

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Answered on 1/06/01, 12:16 am


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