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If the non custodial parent forgets to show up on Friday at…

If the non custodial...

If the non custodial parent forgets to show up on Friday at 6pm for court ordered visitation then remembered Saturday at 630pm, does my child have to go with him?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the court order was issued in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

We just have the original child custody orders

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Answered in 1 minute by:
3/11/2018
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 305
Experience: Attorney At Law at SELF
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Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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Clearly, no. While you may allow it, you are not obligated to.

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That is why those orders are drafted specifically.So the parties can plan and have expectations.

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Customer reply replied 1 month ago
being this past Friday (3/9/18) at 6pm started his visitation and was to continue all week (spring break) and return child to me Sunday (3/18/18) at 6pm, am I required to send her this coming Friday (3/16/18) at 6pm since it’s technically her dads weekend or does it fall into the whole spring break visitation that he already missed?

Hod on. So he came, just a day late? You did not make clear that he had a whole week of visitation. I thought he just missed his Friday visit altogether.

Why are you suddenly talking about sending her next week... did he not take her SaturdayIf If he did not take her then, i would say he forfeited the entire week

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Customer reply replied 1 month ago
Because I never heard from him, I made other plans. Do I now have to send her with him for the week (spring break) because he finally remembered? He missed Friday and Saturday until he remembered at 7pm on Saturday he was suppose to have her.

As I said, I do believe you are not obligated to let her go if you made other plans due to him not showing up. However, a Judge, if presented with this situation, would want to know details about the alternate plans you made and whether there would be a major disruption or economic loss to you if you did allow him to have a partial visit. In other words, the Judge would want to be sure you are not allowing it simply for spite, or to punish him for forgetting. The Judge would examine your motive.

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Customer reply replied 1 month ago
Ok, I understand. And should I be concerned that he also told our daughter that he and his wife were expecting a baby but she miscarried and they buried it in the backyard. My daughter told me this news by saying “the baby died and they buried it in the backyard”. She’s 9yrs old. Her father confirmed he told her that. That’s my last question.

That does sound a little troubling for a 9 year old. I would be diligent in keeping an ear open about what else your daughter is subjected to. Of course i don't know what your or her father's relationship with your daughter is like, but you should talk to her after each visit about her time there in a way that doesn't come off as an interrogation. You're entitled to know what goes on, but not to "pry". It's a fine line.

But if you do hear anything troubling, you may at some point want to talk to him about it, or, if severe enough, go back to Court for a modification.

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Bruce Schreiber
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