Conroe, TX asked in Child Custody and Family Law for Texas

Q: If CP frequently travels for work & has NCP keep their child who is responsible for pick up & drop off?

They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for work at the time. Who is actually responsible for the drive?

Related Topics:
1 Lawyer Answer

A: If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon one of the alternatives, or either party can petition the court to modify the terms of their custody order to establish one.

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.