The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

Please help on interpretation on drop-off/pick-up rules

Previous | Next
 rated by 0 users
Latest post Mon, Nov 2 2015 3:01 PM by ca19lawyer2. 7 replies.
  • Mon, Nov 2 2015 11:32 AM

    • Lei2015
      Consumer
    • Not Ranked
    • Joined on Thu, Jun 4 2015
    • TX
    • Posts 12

    Please help on interpretation on drop-off/pick-up rules

    Hi,

    I am in Texas, primary custodian and mother of my 6 years old daughter. I have the following paragragh in my decree that rules my pick-up location when it is outside school term.

    2. Return of Child by FATHER- FATHER is ORDERED to return the child to the residence of MOTHER at the end of each period of possession. However, it is ORDERED that, if MOTHER and FATHER live in the same county at the time of rendition of this order, FATHER's county of residence remains the same after rendition of this order, and MOTHER''scounty of residence changes, effective on the date of the change of residence by MOTHER, FATHER shall surrender the child to MOTHER at the residence of FATHER at the end of each period of possession.

    It reads to me, father should always return the child to my place unless the exception that meets the following criteria 1. We both lived in the same county when this decree was effective 2. Father stayed in the same country thereafter 3. Mother moved out of the county. My situation is we did live in the same county when the decree was put in place, and shortly after, I moved out of the county, and the father stayed in the original county. So pretty much ever since the decree was effective, I am the one goes to his residence to pick up my daughter when it is outside school term because our situation meets all the three criteria. However, he recently moved out of the original county (the county where we divorced), does that mean this exception become void and null since he is no longer in the same county either, and therefore, he should return the child to my residence? That is my interpretation, can anyone help from a lawyer's opinion or others who have come across the same issue?

    I understand this might not be a big issue, but it could be depending on the dynamics, and I am sincerely looking for clarity, and I will very appreciate that!

    Thanks much!

    Lei

     

     

  • Mon, Nov 2 2015 11:44 AM In reply to

    Re: Please help on interpretation on drop-off/pick-up rules

    Unfortunately the decree did not add the 4th condition of when Father moves out of the county.  

    My suggestion is that since you both have moved you split it 50/50 as to pick up and drop off at each other's home and call it even. By fighting over it the only one(s) who win are the lawyers who get paid to fight it for you.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, Nov 2 2015 12:41 PM In reply to

    Re: Please help on interpretation on drop-off/pick-up rules

    Lei2015:
    However, he recently moved out of the original county (the county where we divorced), does that mean this exception become void and null since he is no longer in the same county either, and therefore, he should return the child to my residence? That is my interpretation, can anyone help from a lawyer's opinion or others who have come across the same issue?

    Sorry, I'm not a lawyer nor have I come across the same issue, but for what it's worth, I think your interpretation is correct.

  • Mon, Nov 2 2015 1:58 PM In reply to

    Re: Please help on interpretation on drop-off/pick-up rules

    Lei2015:
    My situation is we did live in the same county when the decree was put in place, and shortly after, I moved out of the county, and the father stayed in the original county.

    Then, according to the paragraph you quoted, and ass you noted, the father surrenders possession at his home, which necessarily means you pick the kid up.

     

    Lei2015:
    However, he recently moved out of the original county (the county where we divorced), does that mean this exception become void and null since he is no longer in the same county either, and therefore, he should return the child to my residence?

    Null and void?  No, but your interpretation is otherwise plausible.  Another plausible interpretation is the following:

    It starts out with the father dropping off the kid with the mother.  If the mother moves and father stays, then mom has to pick up the kid at dad's place.  Anything that happens after that isn't relevant.

    I don't think either interpretation is more or less plausible than the other.  If the two of you cannot agree, you'll need to take the issue to the court to decide.  How far away do the two of you now live from each other?

  • Mon, Nov 2 2015 2:16 PM In reply to

    • Lei2015
      Consumer
    • Not Ranked
    • Joined on Thu, Jun 4 2015
    • TX
    • Posts 12

    Re: Please help on interpretation on drop-off/pick-up rules

    Since he moved, it is about 1.5 hours away. Prior to that was about 30 mins.

    I am just inclined to think that since the general ruling is that the farther returns the child to my place (as stated in the first sentence), I tend to view that I need to do the pick up for that time being because I am the one who moved away. But since he also moved away now, it is kinda equivalent to that neither of us moved, so in that way, he should do the returning to my house as if neither of us moved out of the county..

    I certainly would talk to him, just trying to get as much perspective as I can. Thanks!

  • Mon, Nov 2 2015 2:37 PM In reply to

    Re: Please help on interpretation on drop-off/pick-up rules

    Lei2015:
    I am just inclined to think that since the general ruling is that the farther returns the child to my place (as stated in the first sentence)

    This is where I disagree with you.  This is not a "general ruling."  It's simply what the court ordered at the time.  It changed when you moved, and there's nothing that says it goes back to the way it was if he subsequently moves.

    Basically, you now have a third situation that the original order didn't contemplate.

  • Mon, Nov 2 2015 2:51 PM In reply to

    • Lei2015
      Consumer
    • Not Ranked
    • Joined on Thu, Jun 4 2015
    • TX
    • Posts 12

    Re: Please help on interpretation on drop-off/pick-up rules

    Ok. Ca19lawyer. I think that makes sense. I will try to get him agree to 50/50, which makes most sense given the ruling is missing in the decree. Thank you very much!

  • Mon, Nov 2 2015 3:01 PM In reply to

    Re: Please help on interpretation on drop-off/pick-up rules

    Just to be clear, the judge who wrote the order might say that your interpretation is exactly what he/she intended.  All I'm saying is that, in terms of a logical interpretation of the words quoted, your interpretation is not the only plausible interpretation.

Page 1 of 1 (8 items) | RSS

My Community

Community Membership Search Community