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lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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I am the custodial parent of my son. My ex-wife has joint

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I am the custodial parent of my son. My ex-wife has joint custody and we are in Texas. My ex had a great uncle pass away and she wants to take my son out of school for the next 2 days to attend a rosary/funeral. The funeral is in a town that is 30 miles from where we live and she is saying that is "out of town." I agree he should go to the funeral, but I want him to only miss 1 day of school, therefore skipping the rosary on day 1. My ex has told me that she is going to go take him from school tomorrow morning and return him on Wednesday. I do not agree with this and I would like for her to pick him up after school and return him after the funeral. What are my options? Our visitation order states that she gets him Thursdays from 6-8pm and every other weekend. Can I file for contempt of court if she picks him up? Do I call the police/sherriff? Any help with this would be appreciated.
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
Since you are the custodial parent she does not have the right to pick him up from school without your permission. Thirty miles does not qualify as out of town, especially in Texas. With that said, he is entitled to maintain a relationship with his mother's family. The social relationship can be as important as anything he would learn in school for that one day. Unless there is a problem with him being absent (big test, already too many absences) this may not be the time and place to put your foot down. A judge is not going to fine her in contempt of court over this and I seriously doubt the sheriff will get involved.
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