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According to the divorce decree my kids dad and i exchange…

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According to the divorce...

According to the divorce decree my kids dad and i exchange our kids at highway 6 but due to the flood, it is flooded. I dropped off the kids to him somewhere else and now he does not want to drop off the kids to me. What do i do

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He said i am not giving him enough information about the kids school but i have given him the name of the school and their phone number

Submitted: 11 months ago.Category: Legal
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9/9/2017
Lawyer: Roger, Attorney replied 11 months ago
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

Has the dad's time with the children expired?

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Customer reply replied 11 months ago
It expires tomorrow at 430pm because I dropped them off on Friday at 430pm
Customer reply replied 11 months ago
Okay
Lawyer: Roger, Attorney replied 11 months ago

Ok. Thanks. If he fails or refuses to return the children to you tomorrow at 4:30, then you would have a right to ask the court to hold him in contempt based on his failure to return them.

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Lawyer: Roger, Attorney replied 11 months ago

Thus, you can't do much until he violates the current custody / visitation order. But once he does, you can take action for contempt and ask the judge to fine or even jail him for the failure to abide by the order.

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Customer reply replied 11 months ago
How do i go about this. Do i need to call the police by tomorrow?
Lawyer: Roger, Attorney replied 11 months ago

No, this would be a civil matter -- not a criminal one. So, the police would not get involved. Instead, you would have to file a motion with the court to hold him in contempt of court and have a hearing to address the matter.

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Customer reply replied 11 months ago
just leave him with the kids and go to court on Monday?
Lawyer: Roger, Attorney replied 11 months ago

If he will not return the children as the order says, yes, you would be able to file a motion for contempt as soon as you can.

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Customer reply replied 11 months ago
On the divorce decree it says 6pm on highway 6 but highway 6 is flooded. I dropped off the kids to him at another location at 430pm on friday. I am requesting he drop them off to me at the same location by 430pm tomorrow
Lawyer: Roger, Attorney replied 11 months ago

Right -- and if he offers to return the children at an agreed location, you should have no issue (and if doesn't necessarily have to be the same place). But, if he flat out refuses to return the children, then he is likely in contempt.

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Customer reply replied 11 months ago
He said he will drop them off to school on Monday morning but i told him i do not agree to that.
Lawyer: Roger, Attorney replied 11 months ago

If he doesn't comply with the court order, he's in contempt......so if he chooses to keep them until Monday, you would have a right to ask the court to intervene and hold him accountable for his actions.

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Customer reply replied 11 months ago
I used to live at highway 6 in Houston but i moved to college station which is 2 hours away. What do i do to notify the court about changing where he should pick up the kids on the divorce decree
Lawyer: Roger, Attorney replied 11 months ago

You would have to file a motion to modify the order to change the drop off / pick up location.

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Customer reply replied 11 months ago
At the same court or another court where i reside
Customer reply replied 11 months ago
How much will it cost to file all this
Lawyer: Roger, Attorney replied 11 months ago

You would have to file in the court that entered the current order. As for costs, it depends on whether you hire an attorney or try to do it yourself, etc.

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Customer reply replied 11 months ago
Do i have to tell him when does school starts. I already told him the name of the school and gave him their phone number. He still asking me when does school start and i told him i can't remember exactly but school has started. I told him to ask his kids because they are 10 and 8 year old. I told him if he needed any information he should call the school
Customer reply replied 11 months ago
Because of that he doesn't want to drop off the kids to me tomorrow
Lawyer: Roger, Attorney replied 11 months ago

You don't owe him any explanation or direction......and he's supposed to return the children to you before school.....so giving him direction on this may suggest that you agreed to allow him to keep the children until school on Monday.

You may be better off to state that he needs to return the children to you as ordered by the court and you will handle getting them to school.

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Customer reply replied 11 months ago
He has now agreed to drop off the kids to tomorrow but i feel stressed and harrassed by him. I feel like he wants to intimidate and bully me by telling me he will not release the kids to me. I intend to find a lawyer to help on this while i show the lawyer our text message conversation. I do not want this to repeat again. I will also file the motion to change the drop off and pick up location and time.
Customer reply replied 11 months ago
Is it important to add my kids dad on the emergency contact list of the kids school? Their step dad is on the emergency contact list
Lawyer: Roger, Attorney replied 11 months ago
Your best option is to present these issues to the court and have them addressed in order to stop him from continuing such actions.
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Customer reply replied 11 months ago
Who do i talk to when i go to court
Lawyer: Roger, Attorney replied 11 months ago
If you have a lawyer, he/she will handle it. If not, you can talk to the court clerk and ask if any forms to modify custody and visitation orders l are available.
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