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Main Forums => Visitation Issues => Topic started by: ethenry4 on Jan 31, 2004, 07:41:56 AM

Title: vistitation of my children
Post by: ethenry4 on Jan 31, 2004, 07:41:56 AM
If I can not pick my children up on time from my ex-wife's can she deny me seeing them for that weekend?
Title: RE: vistitation of my children
Post by: nosonew on Jan 31, 2004, 08:13:07 AM
Probably need a bit more info on this one.  I have to assume you are working when the court ordered time for pick up is.  If that is the case, do you have ANYONE at all who can pick up the kids for you, someone that won't drink and drive, has no felony convictions, has a valid drivers license and is over the age of 18?  

Parents can have anyone they choose to pick up and drop off their kids unless it specifically states otherwise in your order.  

However, if you don't have anyone to do this, you can always send the bm a letter stating the problem (ie work til 5, traffic til 6, etc) and explain why you will be late. )  This covers your butt, (send cert. return receipt at least 5 days in advance).  and always keep copies and document everything.  You may actually need to return to court to get the time either changed, or specified that you are to notify her on like Wednesday what time you will pick up on Friday .  

Sucks she won't work with you.  NOT in the best interest of the child(ren) at all for her to do this.  I'm sure someone else will have other suggestions too.  Good luck
Title: RE: vistitation of my children
Post by: sweetnsad on Jan 31, 2004, 10:23:57 AM
Does it state in a court order that you have to pick them up at a certain time???  If it does, then you should maybe appoint a responsible relative or friend to pick them up for you.  Otherwise, if there is no time specified, then I can't imagine that she can keep them from you.  But, I'm no expert and I'm sure someone with a whole lot more experience can help.

My fiance's ex used to do that...if he couldn't pick them up at such and such a time, then she used to threaten he couldn't see them...but, we live in Canada..so the laws might be different...also, his work schedule didn't allow him to be right on time, so she had to make do with HIS schedule and not her own.  

This rots for the kids, that's for sure...it's too bad she can't compromise.  What is the time difference between when you are supposed to get them and when you actually can?
Title: RE: vistitation of my children
Post by: kiddosmom on Jan 31, 2004, 03:03:55 PM
In Texas,, unless you want to drive to her home to pick them up, then yes she has the right to show up at the designated p/u d/o and wait up to 30 min, if you or a designated competent adult (if it states that in your papers) has not shown up then she can leave. ALTHOUGH you might be late it is not fair to expect someone to sit waiting, that has happened to us several times for up to 2 hours.
If you can let her know ahead of time ie: several days, that way she is not sitting there, or have someone pick them up for you, then you should be ok.
Title: most guidelines I've seen or heard about
Post by: joni on Jan 31, 2004, 05:17:44 PM

say the parent only has to wait 30 minutes....unless specified otherwise in a court order.
Title: RE: vistitation of my children
Post by: Indigo Mom on Feb 01, 2004, 06:25:01 AM
-----If I can not pick my children up on time from my ex-wife's can she deny me seeing them for that weekend?-----

A few things we need to know.  Is she a nutcase?  If so, she "can" deny you your children, leaving you with no choice but to file contempt.

Also, by "not on time" what do you mean?  You're going to be 15 minutes late...or a day late?  I guess all you can do is call her, inform her ahead of time, then let the cards fall.  

If your order has a "window" like mine did with my daughters father (he was not just "late" he didn't bother showing up...but we needed that window so we weren't stuck in the house the entire weekend "waiting"), then you must make sure you either call to let her know you're going to be late...or make sure you get there in time.

Title: RE: vistitation of my children
Post by: gr8Dad on Feb 01, 2004, 10:15:07 AM
I think there needs to be some clarification as to what you are saying.  If you cannot be there to pick the children up, and she is not ordered to "deliver" them to you, and she does not AGREE to deliver them, then she is not "denying" you visitation.  I had this problem with my ex.  She was court ordered to be at the meeting place within 10 minutes of the time.  Unless she called and I agreed, if she was not there, she forfieted visitation.  I did not "deny" her visitation, she simply didn't follow the rules.  Now, I was most reasonable with extentions and postponements, but if your ex is not, you must deal with that,  Best of luck!