1 hour and 20 minutes late

[jslopez711]

What is the name of your state?TEXAS
I was an 1 hour and 20 minutes late in dropping off my boy this past weekend. When I picked him up from day care she told me to drop him off there on Monday. I always drop him off @ 9:00-9:30 am to his day care. She called me on Sunday and asked me to take our son back to her house instead of day care. I told her I was going to be late and she lost it. I said I had already made plans to drop him off at school and this was the normal school time. Mind you that she was not going to be at the house, her husband was going to be there because he was taking care of the new baby and she did not want to pay for child care this week.
She called the house saying that if he was not back by 8 she was going to call the cops and claim that I refused to take him back. Whatever.
I dropped him off @ 9:20 (aporx) as I had told her the night before. The CO does say 8.
I've never been late before. I never miss my visitation. My question is will the judge even bother for this incident. Do I need to cough up $300.00 to conference my attorney and advice her of this?

 

[Zephyr]

if it were me I wouldn't worry about it. one occurance does not show disrespect for the court order.

 

[Silverplum]

I don't think it's any big deal at all. I would just document the incident for my own files and then forget about it. If she flips on this, she'll waste a ton of time and money: try not to let it bother you and try not to let it be YOUR time or money.

 

[stealth2]

I'd probably advise your attorney about it, but not worry much beyond that. HOWEVER.... you should be aware that *technically* you were in contempt if the order says 8. If it's something she continues to make an issue of, it could bite you.

 

[stepmom&mom]

You could write her a letter stating that, in the future, if you agree to make arrangements outside of the hours noted in the visitation schedule, that she will need to give you at least 24 hours advanced notice if she changes her mind. Otherwise, you will not be able to accomodate her requests to change the schedule in the future because you do not want to be held in contempt for not following the order. Then copy the letter to the court clerk, that way, if the issue does come up in court, the judge will have a head's up of what the situation was.

 

[jslopez711]

I'd probably advise your attorney about it, but not worry much beyond that. HOWEVER.... you should be aware that *technically* you were in contempt if the order says 8. If it's something she continues to make an issue of, it could bite you.

Yeah, and I get that but can she even do? I did inform her I was going to be late and for her to claim that I did not intend to return the child is a lie. So, I stand in front of the judge and tell (her in my case) that I informed my ex of the tardiness and she is claming that I did not intend to return the child. Give me a break.

 

[stealth2]

That's the thing. Once isn't going to get you in trouble. But if it becomes a pattern - it might. So instead of the "give me a break" pissiness, bear it in mind.

 

[LdiJ]

Yeah, and I get that but can she even do? I did inform her I was going to be late and for her to claim that I did not intend to return the child is a lie. So, I stand in front of the judge and tell (her in my case) that I informed my ex of the tardiness and she is claming that I did not intend to return the child. Give me a break.

Its not really a question of whether you intended to return the child eventually or not. Judges generally aren't fond of tardiness issues. Its more a question of whether you had a valid reason to be tardy...or simply chose to be tardy. Judges expect parents to honor pickup and dropoff times.

Since you don't make a habit of it...it probably won't be a big deal.....but if you could have been there on time, and chose not to...then you goofed, but it still probably won't be a big deal if you don't do it again.

 

[jslopez711]

That's the thing. Once isn't going to get you in trouble. But if it becomes a pattern - it might. So instead of the "give me a break" pissiness, bear it in mind.

No disrespect Stealth but it was not my intention for me to come across that way. That is exactly what I meant, it's a one time deal, and I do understand. That is my question, since it is the only time that this has happened will it even be seen by the judge?

 

[LdiJ]

No disrespect Stealth but it was not my intention for me to come across that way. That is exactly what I meant, it's a one time deal, and I do understand. That is my question, since it is the only time that this has happened will it even be seen by the judge?

The judge will see any contempt case that is filed. However its not very likely that her attorney will cooperate with her filing contempt for you being late once....not unless there are other things that can be included at the same time.....or unless you just flat out refused to return the child on time when you could have. A flat out refusal to return a child on time is different than a honest scheduling conflict/unavoidable problem.

 

[jslopez711]

Since you don't make a habit of it...it probably won't be a big deal.....but if you could have been there on time, and chose not to...then you goofed, but it still probably won't be a big deal if you don't do it again.

Everything is a choice right L? So to say that I chose then I did. For what its worth, I was already on the "I'm-taking-him-to-school" routine. I adjusted the sleep schedule accordingly. After all, Friday she did tell me that I would be taking him back to day care after all. So that was it. I wasn't going to make it back home for me to put the boy in bed any earlier to adjust for the 1 1/2 hour diferential.

Let me throw you another one. How far can my ex go on this one. What is the worst case scenario?

 

[LdiJ]

Everything is a choice right L? So to say that I chose then I did. For what its worth, I was already on the "I'm-taking-him-to-school" routine. I adjusted the sleep schedule accordingly. After all, Friday she did tell me that I would be taking him back to day care after all. So that was it. I wasn't going to make it back home for me to put the boy in bed any earlier to adjust for the 1 1/2 hour diferential.

Let me throw you another one. How far can my ex go on this one. What is the worst case scenario?

I wasn't assuming that you chose....I just gave you the "if" scenario. However I do think you goofed. I think that you should have returned him on time. I don't know the history of your case. If you have never been in contempt on anything before then the worst you are looking at is probably a lecture from the judge.....assuming her attorney even lets her file. If you have been in contempt a lot, then you might get fined.

 

[jslopez711]

I wasn't assuming that you chose....I just gave you the "if" scenario. However I do think you goofed. I think that you should have returned him on time. I don't know the history of your case. If you have never been in contempt on anything before then the worst you are looking at is probably a lecture from the judge.....assuming her attorney even lets her file. If you have been in contempt a lot, then you might get fined.

I've never been late nor have I ever been found in contempt. There is nothing else she has on me. Did I goofed? Yeah, no question. I should have known better than to trust that woman. I'm not going to worry about it anymore. Thanks all.