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  1. #1
    Join Date
    Dec 2013
    Posts
    2

    Default If Dad Shows Up Late Can He Get the Kids on Holiday Time

    My question involves a child custody case from the State of: Texas
    We have standard joint custody. Its my turn to get the kids Christmas, dad hss the right tobgetvthem on The 28 for 9 days. If he does not show up or call but wants to get them his weekend witch is Jan 3rd can he getv them?? Because he didn't getvthem for the holiday time he was suppose to get them. The first weekend would normal y be his time, but dense the holiday he could have gotten them early on the dec 28 and didn't. Do I have to send them sense he was late ? Or can I wait till the following visitation time (3rd weekend)????

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: If Dad Shows Up Late Can He Get the Kids on Holiday Time

    Does your court order specifically say that if Dad is late or a no-show he forfeits future time?

    If it does not, then he gets them every time it says he is supposed to get them, regardless of what he did in the past.

  3. #3
    Join Date
    Dec 2013
    Posts
    2

    Default Re: If Dad Shows Up Late Can He Get the Kids on Holiday Time

    Does he have the right to tell me he will only comunicate witj me threw text? I tild him I will only talk to him on the phine no texting because I never know if its him or his girlfriend...

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: If Dad Shows Up Late Can He Get the Kids on Holiday Time

    Once again, we go back to your court order.

    Does the order specify how you are to contact each other? If not, then it's between the two of you. Short of a court order, you can't force him to talk to you on the phone but likewise he can't force you to respond to his texts.

    Which means that in order to communicate one of you has to behave like an adult and compromise. How about it be you?

  5. #5
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: If Dad Shows Up Late Can He Get the Kids on Holiday Time

    Communicating through text message can often be a smart choice if the other parent is argumentative and/or if a parent wants documentation of communications. Text messages are admissible evidence in many courtrooms. It's not uncommon for a judge to order all non emergency communications between parents to be through texts or email.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: If Dad Shows Up Late Can He Get the Kids on Holiday Time

    And of course the two parents could also act like adults or, failing that, utilize something like Family Wizard.

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