QUESTION
Follow up to previous question. Wanting ex to comply with access and visitiation to my child.
Asked on Apr 16th, 2012 on Family Law - Texas
More details to this question:
My ex has had custody of my daughter since 2005. I never went to final hearing and just recently
recieved court papers. This whole time I have been picking my daughter up and taking her home. I
have learned that he is suppose to pick her up from my residence after visitation. I have been
asking him to work with me for years and he wouldn''''t. I have written a letter to him telling him to
comply with the orders. My question is what next? What if he doesn''''t pick her up? I can''''t take her
home because then he will never comply if I give in. What if she misses school? Will I be held
responsible for that? When would be an appropriate time to file a motion for enforcement?
Not sure if this matters but she lives 2 hours one way. I thought since he was at final hearing and I wasn''t that he could have orders any way he wanted. I do regret not taking care of this sooner. Does not state in papers that after "x" amount of time orders are void. I appreciate your advice and understand. Please reply.
1 ANSWER
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You should send your ex a letter certified mail, return receipt requested that having obtained a copy of the Orders, you will be complying with them and he needs to start picking her up from your residence after visitation. Since school is out now, you will not have to worry about your daughter missing school. Hopefully, he will start doing what the Order says he should do. If he does not, you could file a Motion for Enforcement. He could file a Motion to Modify the prior Order to try to change the pick up but if he does, please go to the hearing. Do not just ignore it and hope nothing bad happens. Talk to a lawyer in your jurisdiction who practices family law and you can get all your options explained to you.
Answered on May 29th, 2012 at 11:41 AM