Q: Custody question: if non custodial parent does not pick up children at designated time and date, does he forfeit right?
Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?
A:
No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.
An "interference" charge can only be pursued if a conservator takes or retains possession of a child younger than 18 years of age when the person knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody.
In the circumstances you describe, the parent who was late picking up the child cannot pursue an interference charge unless the "custodial" parent retains possession of the child during a period of possession awarded to the "non-custodial" parent if and when he shows up later to pick up the child.
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