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.

Related Topics:
1 Lawyer Answer
Robert W. Leonard Jr.
Robert W. Leonard Jr.
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.