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New Braunfels, Texas
(713) 364-0170

Austin, Texas
(512) 518-1584

Advocating For You

What do you do if your non-custodial ex does not pick up your kids?

On Behalf of | Feb 6, 2023 | Modifications

Picking up children is an important aspect of being a non-custodial parent. If your ex is not complying with the terms in your divorce, that could cause problems in everybody’s schedule.

Legal action is often not the first remedy in these types of cases. This article will go into some of the things people might do in your situation and the laws about pickups.

What are your ex’s pickup obligations?

Obligations for pickup and drop-off should be part of your possession order, which, in turn, is part of your divorce documents. That means that you might have negotiated specific terms during the divorce process.

However, if you have the standard terms, then your ex, as the non-custodial parent, probably has to pick up your kids at your home or at their school. This is typically manageable for parents that live close together.

What happens if your former spouse fails to show up?

If your ex does not show up to pick up the kids, it could be damaging for them and for you. However, sometimes life simply gets in the way. Here are some of the ways that the law could allow parents to deal with the inability to pick up their children:

  • They may designate a competent adult to do so
  • They should notify the other parent
  • If the child is at school, then they should also notify the school

As you can see, there is a priority on communication. Failure to pick up a child combined with a failure to communicate the inability to do so is a highly undesirable scenario.

Sometimes you might be able to work these issues out through informal communications or formal negotiations. Other cases might involve modifying a divorce agreement so that your ex is able to comply with any obligations.