What rights do I have as the primary care provider when it comes to visitation before temporary or custody orders are in place?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights do I have as the primary care provider when it comes to visitation before temporary or custody orders are in place?

Beings that we haven’t gone to court to establish custody, don’t I run the risk of not getting them back if I allow them to visit their father?

Asked on August 21, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until there is an official order in place (either temporary or final), both parents have the exact same rights and access to their children.  This means that either parent can remove their child from school, arrange doctor's appointments, or decide to relocate.  The only thing a parent cannot do is trump another parent's right.  So if the child is with dad, the police cannot require him to turn the child over to mom unless mom has a court order-- because his right of access is equal to hers.  If the child was with a baby sitter, then mom could retrieve the child because her right of access and possession are greater than those of the babysitter. 

With this in mind, if you do allow the child to go to father's house, then "yes", you do run the risk of not getting them back until some type of orders regarding possession and access are in place.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption