Changing the Location of Exchange for Child Visitation

My question involves a child custody case from the State of: Texas

In our original divorce decree we had a modification agreeing on meeting in a location outside of her residence because at the time I was living with my parents and they prefered that he not come to their house. Since then we have moved to a new location and I am fine with him picking her up at home because the location stated in the decree is now an hour away and it would a lot easier on my daughter to just have him pick her up at home. He stated that he wanted me to go through the due process and modify the decree...okay.

He refuses to meet at the residence. He says that he doesnt feel safe.
We have had a previous altercation where I was in a physical argument with his girlfriend after she refused to give my child to me at the time of exchange. I was provoked to the point of where self defense was required.

He is using this as ammo. Even though the altercation was between his girlfriend and I and not he and I. And the altercation was due to the fact that she was provoking me. He says he wants a place where there are cameras and people. The place that we meet at now has that, but it obviously did not stop the altercation from happening. It was an outside influence that did. He is just always trying to be in control and says that I am the one that makes things difficult. I feel my daughter is the safest at home and it would easier on her to not have to wake up hours early to make it to the location on time. Is this not correct? And isn't it normal for pick up to happen at the home? I mean that is was the decree says without the modication later on. If nothing is making the child unsafe, is this a request that will most likely be granted by a judge? He even refuses to sign a waiver to move the case to the county in which we both now reside. He is completely ridiculous.

If we state a specific location and I move again...we will just be back at square one and I will have to pay more money and get a lawyer to have another location carried out when it could simply be picking her up at her residence.

What happened with the altercation? Arrests?

Please explain why you feel your daughter will be safest at home.

Yes, my ex and his girlfriend were being overly dramatic and the cops ended up arresting me even though it was mutual combat and they only took their side of the story and not mine. It was pretty unfair. The case hasn't been cleared yet and is still pending.
Having the location be at home is the safest because there are no outside influences. If there is rain she won't have to go out in the rain twice(once to get in my car, once to get in his), she won't have to wake up earlier disrupting her sleep pattern, her father will have no one to perform for(he always tries to make himself the victim), there's not a possibility of anyone else entering the exchange(violence is a regular occurrence in shopping centers and gas stations here) it will overall be easier on her to be picked up and dropped off at home.

So you're in the spotlight for the assault. Dad is doing what I'd do - he's protecting himself physically and legally.

And are you seriously going to use the rain and getting up early as an excuse? If that's all you have, you've got absolutely nothing.

- - - Updated - - -

Afterthought: Take the child to Dad's location yourself.

Agree with Doggie. Were I in dad's position I would insist on keeping the place of exchange in a public place. And since it appears that you moved an hour away, be prepared to drive there.

Okay let's clear some things up.

The point of exchange was only about 5 minutes away from where I used to live and about 45 minutes away for the father. Our new house is the same distance away from him. This is a man who has assaulted me(police reports to prove t), lied, made it difficult to take vacation with my daughter, and has twisted the truth like no other. For Christ sake he has taken pictures of his daughters poop to try and use against me to say she is constipated all the time. This man, durin that altercation brought his daughter into harm when he easily could have given her to my dad when my dad asked for her and then accused my dad of hitting my daughter. While he was trying to break up the fight between his girlfriend and I. He was trying to take my hands and hit my daughter with them! This man refused to return my daughter to me for 34 days after I was arrested. I had to go to court to get my daughter back. And just so you guys know the story was said there too and my ex and his girlfriends stories did not align one bit. The judge found him to be at fault because he did not step in and just give my daughter to me. Why should I have to wake my daughter up earlier than necessary to only accommodate him? And rain, crime, familiar location are all things that a child her age is affected by. Not to mention he agree to picking her up there as long as I went through the legal process and then now he refuses to. This is a man that only wants to be in control. What's his reason for not feeling 'safe' as he says and having to be in a public place with cameras? What is he afraid of? I have never attacked him. He just wants to have someone to put on a show for because he is always out to try and get me when I only try to cooperate. Let's not forget why the fight started in te first place...they were at the exchange point and were not ready to exchange her. Bringing her home would also alleviate that because he would not want to sit in my driveway with no intention o returning her. He would go there with only the sole purpose of doing so.

And yet you were arrested and criminal charges are pending. None of your arguments re: rain, sleep, crime rates (?) are valid.

If you want to return to court to request a change re: where the exchange takes place you're within your rights to do so. Dad doesn't have to comply with your wishes and wants - only the current court order.

I was arrested because those cops were being unfair. Don't act as if all cops are fair. They felt they had to arrest someone so they arrested the person that wasn't being all dramatic like they were. And because she had more injuries than me. We are following the current court order for now and I am fully aware of what he does and does not have to do. Funny how he wants me to follow rules but he did not when he moved not once but twice. And did nt provide me the address of where my daughter would be staying.

Quote:

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Quoting alphalimagolf

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I was arrested because those cops were being unfair. Don't act as if all cops are fair. They felt they had to arrest someone so they arrested the person that wasn't being all dramatic like they were. We are following the current court order for now and I am fully aware of what he does and does not have to do. Funny how he wants me to follow rules but he did not when he moved not once but twice. And did nt provide me the address of where my daughter would be staying.

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You're placing blame on the wrong entity. Like it or not, you appeared to be so threatening that not only were you arrested, but Dad has - and again, it's a smart move - figured that dropping off and picking up from your home is just a bad idea.

This is not about you, though. You're in "but it's not fair" mode and if you want to have something of a less-miserable however long you're going to need a bit of an attitude adjustment.

So you have a choice. You can either start all over and be the better co-parent, or you can make life miserable for your child.

Pick one.

I need to be a better co-parent? I am the one that tries to be reasonable but if it is not the way he wants it he doesn't budge. He doesn't ask about his daughter when she is sick. He doesn't respond to pictures I send him. When I want to take my daughter on vacation he doesn't sign the acknowledgement. When I tell him something I need he waits at least 2 days to even respond. When I ask him to tell me when he is going to be late he laughs in my face. When I tell him anything he laughs in my face. Calls his daughter fat. Doesn't go to doctors appointments. And the list goes on. But I need to be a better coparent and make my daughters life easier? No, sir. You have it wrong. It's never been about me. I am a single mom. It's always been about my daughter and making it easier for her. He does not allow that. It is always what he wants.

I bend anytime it's asked but it's not returned. When I am disrespected I keep my cool and try to be the better person while I am constantly degraded. Once these charges get dismissed next week at trial he will no longer have this advantage. Let's hope he has to testify so he say something different than the transcript from last time to yet again prove he is a liar and fake and only cares about himself.