I Dont Understand My Standard Possesion

Updated on April 12, 2013
X.C. asks from Dallas, TX
4 answers

Why isn`t there anything on my standard possesion regarding the 100 miles apart on parents.. Im having diffuclty explaing to the cops in town that since my ex husband a non custodial parent moved 4and half hrs away ..and that i presented our County Judge a letter for Modification things have to be done different... In the meanwhile my ex is ordering me to go pick my kids up in san angelo tx.. When i dont have either a vehicle or a licence... But the cops cant help me because on our final decree there is no such thing for parents who reside 100 miles away.. My children are missing school and i dont have a way to go pickthem up...

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C.O.

answers from Washington DC on

X.:

Welcome to mamapedia!

You need to contact your lawyer, the one who helped you in your divorce.

I don't know the state laws in Texas - so I don't know if your ex can "order" you to pick up the kids. Most parents TRY to do the "half way point".

I don't understand why you don't have a license. You need to get one. You also need to figure out how to purchase a car.

Your ex-husband should be conscientious of the children missing school. you BOTH can get in trouble for that. So you need to get this resolved NOW. Contact your lawyer TODAY.

Good luck!

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C.B.

answers from San Francisco on

Cops can only enforce the order that's in place. You'll need to get back into court ASAP and until then, it's up to you to figure it out.

And why are you explaining this to the cops? Are you asking them to go get the kids for you or to arrest your ex for not bringing them back? They can't enforce your wants/desires, only a court order.

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K.P.

answers from Dallas on

Contact the lawyer you used for your divorce. All divorce decrees that are written properly contain a passage regarding changes in visitiation schedule when the non custodial parent moves more than a set distance from the custodial parent (therefore the childrens home).

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M.P.

answers from Portland on

How would the police be able to help you? In Oregon, custody issues are considered to be civil and the police don't get involved at all unless safety is an issue. However, even if they could get involved I don't see how they could help you. They couldn't go pick up the kids for you.

Can you not get a friend to take you to their location? How about taking the bus? You can have the police do a stand by when you get there, not to help take away the kids but to be there to prevent violence.

However, it sounds like your ex is willing to have you pick them up. So, it's your responsibility to find a way to pick them up. Even if there was an order addressing this issue, if your ex didn't follow the order, you'd still be left with having to pick them up. The police do not pick up children in custody situations. It's up to you to pick up the children and return to court to ask for help. (note: the police may serve a court order to help you pick up the children but they don't do the actual pick up.) I suggest that you're confused about the legal issues in this situation.

Sounds like you want the police to pick up the children and bring them to you. Think about it. That is so unreasonable an expectation. I suggest that if their father wants them gone and calls the police and you don't pick them up the police may pick them up and put them in foster care.

BTW: Until the court issues a new order the old one still stands. Having submitted a request for a change does not change the first order and does not, in fact, change anything.

You need to talk with an attorney to find out exactly what your rights are and how to enforce them.

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