Father Waits in His Car Rather Than Removing Our Child From My Vehicle
My question involves a child custody case from the State of: Texas
I really need help my ex husband has decided to come to the police station and wait till 6pm (when the time of visitation starts) at this time he gets out of his car and goes to a store and gets something so he has evidence he was there and walks back to his car and gets in his car and never comes to my car and get his son. My son is 14 and refuses to get out of the car and go to his dad's over the weekend. My question is tonight we waited 30 minutes for him to leave and i ended up leaving 30 minutes later. how long do i have to wait for him to come and get his son from my car without him charging me with contempt of court. I do have him video taped just sitting in his car and doing nothing
thank you
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
what makes you think the father has to come over and remove the child from the car. For gosh sake, the kid is 14. Tell him to get out of the car and go over to his dad's car. Your failure to do that is what is going to get you charged with contempt.
and I bet dad will say he did not come to your car because he did not want to deal come face to face with you and that is going to be an acceptable excuse. As I said, your son is old enough to get out of your car and walk over to dad's car. There is no reason the parents have to come face to face.
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
Agree with jk.
Why are you letting your child decide on visitation?
What consequences does he get for disobeying you?
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
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jk
and I bet dad will say he did not come to your car because he did not want to deal come face to face with you....
If exchanges occur at a police station, odds are there are good reasons dad doesn't want to have to come to your vehicle even if we don't presuppose an argument, shouting match, or the attempt to effect the court-ordered exchange by force.
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
Dad is lining all his ducks in a row quite nicely.
OP you may want to take a look at you username and start thinking about how perfectly it sums up your actions.
When (not if) dad brings a motion for contempt he should do well in court. I would love to be in the courtroom when you whip out that video to help dad make his case.
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
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EA1070a
Dad is lining all his ducks in a row quite nicely.
OP you may want to take a look at you username and start thinking about how perfectly it sums up your actions.
When (not if) dad brings a motion for contempt he should do well in court. I would love to be in the courtroom when you whip out that video to help dad make his case.
And further, from a purely parenting standpoint? Good for Dad for NOT forcing the issue and NOT making a scene.
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
I am not at all sure that I agree with the responses so far. Mom is making the child available for visitation by showing up at the police station with the child. Dad is making no effort at all to retrieve the child. My take on it is that dad is agreeing not to pick up the child by making no effort at all to retrieve the child. Yes, dad is getting proof that he was there but mom is also getting proof that she was there.
Now, how a judge would view this is kind of up in the air, in my opinion. I can see a judge dinging both of them for taking no action, I can see a judge dinging dad for taking no action, and maybe I can see a judge dinging mom for taking no action. However dad IS the receiving parent and if he makes no effort at all to retrieve the child, I cannot see this going all against mom.
You are also giving kudos to dad for not forcing the issue and creating a scene, but I doubt that mom could force the issue either without creating a scene.
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
The courts are not going to fault dad for not walking over to mom's car and dragging child from mom's car, especially if he says: to avoid a confrontation...
Mom is making no effort to eject child from her car. She admits it.
If you want to get real technical, dad cannot touch mom's car. Dad cannot legally open mom's car door. Dad cannot remove a person from mom's car. So, just how is dad supposed to further the situation?
I would put money on dad winning this one and I am not a gambler.;)
If you want to read just a bit into the situation, think about why they are at the police station. Then think about why dad might be getting a date and time stamped receipt.
Re: Father Waits in His Car Rather Than Removing Our Child From My Vehicle
As you said, your son refuses to get out of the car. You are obligated to make him. What was the plan, call 911 when the child resists dad, so you can have him arrested? You have a 14 year old and are supposed to be a role model, not act like another 14 year old.
Re: When the Non Custodian Parent Just Sits and Waits and Doesn't Come to Get the Chi
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llworking
I am not at all sure that I agree with the responses so far. Mom is making the child available for visitation by showing up at the police station with the child. Dad is making no effort at all to retrieve the child. My take on it is that dad is agreeing not to pick up the child by making no effort at all to retrieve the child. Yes, dad is getting proof that he was there but mom is also getting proof that she was there.
Now, how a judge would view this is kind of up in the air, in my opinion. I can see a judge dinging both of them for taking no action, I can see a judge dinging dad for taking no action, and maybe I can see a judge dinging mom for taking no action. However dad IS the receiving parent and if he makes no effort at all to retrieve the child, I cannot see this going all against mom.
You are also giving kudos to dad for not forcing the issue and creating a scene, but I doubt that mom could force the issue either without creating a scene.
It shouldn't even BE an issue.
Mom should be parenting the child - so what consequences is the child facing when he disobeys Mom's rules (ie, Get out of the car, go to Dad's, have fun, see you later)?