[TX] Can a custody order be modified when the other parent ignores visitation schedule?

I understand how concerning it must be to deal with inconsistent visitation and its impact on your child. Have you documented the instances of missed visitation and any communication with the other parent regarding these issues?

Have there been any previous modifications or court orders related to visitation that you are aware of?

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your custody modification.

Hey there! Welcome to our service. I’m Trevor, an attorney with many years of experience, and I’m here to help you. I understand you’re dealing with issues regarding the other parent’s inconsistent visitation schedule and its impact on your child’s schooling. Is that correct?

Have there been any significant changes in circumstances since the original custody order was made?

Let’s go through your situation step by step to see how you can address these issues with the custody order.

1. Filing for Modification. In Texas, you can file for a modification of the custody order if there has been a material and substantial change in circumstances (TX Fam Code § 156.101). While you mentioned there haven’t been significant changes, the other parent’s consistent failure to follow the visitation schedule and its impact on your child’s schooling could be considered a substantial change. Any modification must also be in the child’s best interest, which is the court’s primary consideration (TX Fam Code § 153.002). It’s advisable to consult with a family law attorney to assess the strength of your case.
2. Specific Modification Language
   • Advance Notice for Visitation: You can request that the other parent provide a specific amount of notice (e.g., 48 hours) before any visitation.
   • Travel Notice: Include a clause requiring the other parent to inform you of any travel plans with the child, especially if it involves missing school.
   • School Attendance: Emphasize the importance of the child’s attendance and request that visitation not interfere with school. Texas law requires school-age children to attend school (TX Educ Code § 25.085).
   • Curbside Exchanges: Specify that exchanges occur at a neutral location or curbside to minimize conflict.
   • Communication Requirements: Request regular communication regarding the child’s well-being and schedule changes.
   • 30-Minute Late Forfeiture Rule: Propose a rule that if the other parent is more than 30 minutes late without communication, the visitation is forfeited. Keep in mind that any restriction on a parent’s possession may not exceed what is required to protect the child’s best interest (TX Fam Code § 153.193).
3. Evidence to Support Your Case.
   • Documentation: Keep detailed records of all missed visitations, late arrivals, and any communication with the other parent regarding these issues.
   • School Records: Gather evidence of any school days missed due to the other parent’s actions.
   • Witness Statements: If possible, obtain statements from teachers or other individuals who can attest to the impact on your child.

Please let me know if you have further questions or need more clarification on any of these points. It was a pleasure to help you and thank you for choosing our service!Thank you!!