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Is there anything that anyone can do if a biological parent comes and takes the kid for the weekend with out asking the other parent?

if you have a custody order saying that you can have the kid on the weekends and you go up to the school to pick the kid up with out telling the other parent is there anything that the other parent can do? Im in Texas and I was told that if my daughters father came to get her from school & kept her all weekend that there is nothing that I can do because he is her father and he is ordered to have her on the wekends even though I dont like it. Just asking any advice would be great.

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Asked by Anonymous at 9:49 PM on Nov. 19, 2008 in Relationships

Answers (8)
  • That is correct. If he has a court order that allows him weekend custody the police will not cross that. They uphold the courts ruling. I'm in Texas as well and didn't have a custody agreement at all with my sons bio father - that was why we went to court. A police officer warned me if he showed up and "took" my son (who I had full custody of, but nothing legal) there would be nothing they could do.. since there was no court order he would be assumed to have 50/50 custody and just as much of a right to my son. If you want to change the custody agreement you have to go back to court. Taking it into your own hands will just make you the "bad guy"...

    Answer by Serafyna at 9:54 PM on Nov. 19, 2008

  • if he has custody of her on the weekends and he takes her for the weekend you have no right to stop him. sorry

    Answer by vakatia at 10:26 PM on Nov. 19, 2008

  • Now if he shows up on a Wednesday to pick him up , they can withhold the child until you can get there or they will call the police. But per the court order, you cannot do anything about the weekend rights. Does the school have a copy of the court order?

    Answer by Mom1Stepmom1 at 10:28 PM on Nov. 19, 2008

  • why would you want to prevent your child from having their father in their life? some children never see their other parent and it hurts them. why would you want to make your poor child feel unwanted by the other parent when in actuality it's you keeping them apart if you did. someone sounds like they are trying to be vindictive and not thinking of their child's feelings. maybe you should have the other weekends and he have them permanently cause it seems he is being the best parent he can be by following through with his court order and maybe doing it cause he loves the child and wants to see them. my ex had this and never did if he didn't want to. i hope this is not you i described.

    Answer by melody77 at 10:45 PM on Nov. 19, 2008

  • Maybe you should communicate with the dad so you know how his schedule is and how he wants to work visitation so you don't get surprised since yes you have to abide by a court order. If you don't agree with it then you can always go back to court and fight it.

    Answer by admckenzie at 11:04 PM on Nov. 19, 2008

  • Some schools have forms to fill out that will have people that are not allowed to pick your child up put him on it. The teachers will keep your child there until you can get there. He is trying to show his control over the situation, you may not legally be anything you can do but you can make it hard on him, take him back to court for child support modification every year and inform him of your intentions if he keeps trying to do this.

    Answer by 1countrygal at 11:44 PM on Nov. 19, 2008

  • MELODY77.........

    Answer by Anonymous at 10:14 AM on Nov. 20, 2008

  • As a school they have to go by what the courts say or they will be held in violation. Usually it is not standard for the non custodial parent to pick the child up after school..usual pick up is at the custodial parents home at 7 p.m. unless the court orders otherwise.

    Answer by salexander at 1:59 PM on Nov. 20, 2008

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