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Ideally, the question of who will bring your child to and from a child exchange will be answered in a custody agreement. Doing so may eliminate the need to ask a Texas judge to resolve the issue for you. It is also important to specify where the exchange will occur and who is responsible for paying the cost of getting your son or daughter to that spot.

Where can a child exchange occur?

If you and your child’s other parent get along, it may be possible to simply have that person pick the child up from your house. Alternatively, you can drop your son or daughter off at the other parent’s home or apartment. However, if you and your former partner don’t get along, it may be necessary to perform a custody exchange at a neutral location.

This location may be a park, mall parking lot or another public place where you feel safe in this person’s presence. Your attorney may be able to suggest locations where an exchange can occur, and the local court may also be able to provide a list of suitable locations for an exchange to take place.

What if the other parent refuses to meet you in a public place?

Generally speaking, you must abide by the terms of a custody or visitation agreement even if it may be inconvenient to do so. If the other parent refuses to meet you in a neutral location for a child exchange, you may be required to take reasonable steps to ensure that the other parent’s rights aren’t infringed upon. A refusal to abide by the terms of a visitation or custody agreement may cause you to be in contempt of court.

If you need help modifying or enforcing a child custody agreement, it may be in your best interest to speak with a family law attorney. An attorney may be able to convince a judge that the terms of an existing agreement are not in your child’s best interest.