Plano, TX asked in Child Custody for Texas

Q: The NC parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works and makes good money. I asked when he'll start keeping them overnight again, and he said maybe in another year or so. He's not taking our court order seriously, likely because there aren't any consequences, as long as he's paying child support. Do I have any legal options in this situation? It has greatly impacted my ability to work, travel, or simply rest during his weekends (I have to remain home).

Related Topics:
1 Lawyer Answer

A: You can file a motion to modify with the court. Most likely the best solution under your circumstances is to modify both the possession schedule and the amount of child support in an attempt to get more child support to pay someone to watch your kids during "his weekends" so you can work, travel, or rest.

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.