Q: Does a child custody order override a criminal trespassing warning?
My roommate's ex picks up the kids from our place. I have a criminal trespassing warning telling him he can't come onto the property. He says he doesn't have to follow that because he has a custody agreement. I read the custody agreement and it doesn't say he has to be on the property to pick up the kids just at the property.
A: Even if you can technically force him to meet you at the property line, that sounds like it would just make things even more uncomfortable for the kids, especially if the weather is cold and/or rainy!
If there is the potential for a lot of drama at pickup/dropoff, consider something like this: https://www.traviscountytx.gov/dro/kids-exchange
A: You could call the police to state that he violated the trespass warning. But, he could file a motion to enforce his visitation rights against you.
If you want your court order to change the place to exchange the children you will need to file a motion to modify your current court order. You will have to show that there has been a material change in circumstances to warrant the change.
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.