Garland, TX asked in Divorce and Child Custody for Texas

Q: Am I breaking the law by insisting that I be notified by my ex wife who is picking the kids up from me on her behalf?

The decree states she can designate any competent adult to pick the kids up on her behalf. My issue is her sending her boyfriend to pick them up from me without notifying me beforehand every time that he is there on her behalf. She has said (after my prompting) that he is “designated” by her. But, my concern is that I don’t know the status of their relationship one day to the next, so I don’t feel comfortable releasing my kids to him without being notified he’s there on her behalf ( I don’t know him, I don’t trust him etc...). For example they could have a fight, and maybe he decides to pick the kids up and keep them as some sort of retaliation in their relationship. I know it may seem far fetched, but if I’m just releasing to a non guardian, non family member, it seems very risky unless I know that person is there because my ex wife specifically sent him.

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1 Lawyer Answer

Robert W. Leonard Jr.

Answered
  • Divorce Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: You are not breaking any laws by asking the question. If you do not allow her to exercise her possession schedule, then you will be in violation of your order and open for an enforcement action. Maybe you can ask her, in writing, if you can send the children with him unless she tells you otherwise. That should clear up your concerns.

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