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Do I have to wait for my ex-husband if he’s late to pick up the kids?

Do I have to wait for my ex-husband if he’s late to pick up the kids?

Q: What happens if someone doesn't follow a divorce decree?

If someone does not follow a divorce decree, the other party can file a motion for enforcement in court. The court may impose penalties, including fines or changes to custody arrangements. It's important to document any violations and seek legal advice to understand your options for enforcement.

Full question:

My ex-husband and I have standard divorce decree. If he does not pick up the kids at the appropriate time scheduled in our decree, do I have to wait around for him? He has not seen them in about a month to 2 months.

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Texas

Answer:

Review your divorce decree and parenting plan for guidance on what to do if your ex-husband is late or does not show up for visitation. If he has not seen the children for one to two months, you may have grounds to file a petition to modify the visitation order. This requires demonstrating a significant change in circumstances that justifies the modification.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is there a no overnight guest clause for divorce?

A no overnight guest clause in a divorce decree typically prohibits either parent from having overnight guests while the children are present. This clause aims to maintain a stable environment for the children. If such a clause exists in your decree, violating it could lead to legal consequences. Always review your divorce decree for specific terms and consult an attorney if you have questions about enforcement.

Can you sleep with someone while going through a divorce?

While you can sleep with someone during a divorce, it may impact custody and support arrangements. If your actions are seen as detrimental to the children's welfare, it could be used against you in court. It's advisable to consider the potential implications and consult with an attorney to understand how it might affect your case.

What happens if someone doesn't follow a divorce decree?

What makes a divorce decree invalid?

A divorce decree may be considered invalid if it was obtained through fraud, coercion, or if one party was not legally competent to consent. Additionally, if the court lacked jurisdiction over the parties or the subject matter, the decree could be invalid. If you believe your decree is invalid, consult an attorney for guidance on potential remedies.

What is the no overnight guest clause in a divorce?

The no overnight guest clause in a divorce decree restricts either parent from having overnight guests while the children are present. This clause is intended to protect the children's emotional well-being and stability. If you have questions about this clause or its implications, it's best to consult your divorce decree and seek legal advice.

What if my ex doesn't pick up my child?

If your ex doesn't pick up your child as scheduled, you are not legally obligated to wait indefinitely. Document the missed pickups and communicate with your ex. If this behavior continues, you may have grounds to modify the visitation order based on a significant change in circumstances. Consulting an attorney can provide guidance on your next steps.