My question involves a child custody case from the State of: Texas
Hello, I am the non-custodial parent and reside over 100 miles from the child so most months I get one weekend along with extended summers and holidays. There are times where I will allow my parents to take a weekend as they live a few hours from where I do and it would be difficult for my child to see them otherwise. This is infrequent (2-3 times a year and typically a week in the summer). The child's mother has taken the stance that if I am not physically present I must forfeit the visitation. Our order has the following two provisions (which are standard in Texas orders):
6. Designation of Competent Adult - 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.
7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.
My question is, can she prevent my parents from picking him up on weekends that I choose to let him spend time with him? Does she have any legal recourse if I'm not present but those visitations are infrequent?
Hello, I am the non-custodial parent and reside over 100 miles from the child so most months I get one weekend along with extended summers and holidays. There are times where I will allow my parents to take a weekend as they live a few hours from where I do and it would be difficult for my child to see them otherwise. This is infrequent (2-3 times a year and typically a week in the summer). The child's mother has taken the stance that if I am not physically present I must forfeit the visitation. Our order has the following two provisions (which are standard in Texas orders):
6. Designation of Competent Adult - 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.
7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.
My question is, can she prevent my parents from picking him up on weekends that I choose to let him spend time with him? Does she have any legal recourse if I'm not present but those visitations are infrequent?
Grandparents and Third Parties: Allowing Grandparents to Take Visitation
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