Rockwall, TX asked in Child Custody for Texas

Q: My boyfriend decree states 1st, 3rd, & 5th weekend custody. He works out of town, Am I allowed to keep them on his time

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2 Lawyer Answers
Chad Zubi
Chad Zubi
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: His time is his time and you are not entitled to possession of the kids during his time. However, you need to make sure that you follow the order, if it says you surrender the kids to him at a certain place at the beginning of his time then you should attempt to do so. If he is supposed to show up at a certain place to pick them up and doesn’t, then you will not be in violation of the order by keeping them. Also keep in mind that the possession order is usually (not always though so check your order) used when you cannot mutually agree as to who is going to have possession of the kids. It’s like a tie breaker when you cannot agree.

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Rahlita D. Thornton
Rahlita D. Thornton
PREMIUM
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: I’m reading your situation as you are Not the custodial parent in the decree. You are the girlfriend of the father of the children. In this scenario he may designate a responsible person to watch his kids during his time of possession. But, if he is not able to spend quality time with them then he should consider modifying the order.

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