Legal Question in Family Law in Texas

Re: Ammending Visitation

It sounds like you have two issues going on here:

Your ex can always file suit to change the custody agreement, but the standard for modifying a custody order is a "material and substantial change" in the circumstances of the child or parent. There are some other grounds for modification, but in this context, a change in circumstances is the primary test. The mere fact that he wants more time with the child is not sufficient grounds for a suit. If he files suit frivolously, you can ask the court to tax him your attorney fees.

The second issues seems to be getting the child's homework done during visitation times. If you have an agreement to allow longer visitation than the order allows, you can default to the terms of the custody order. As a practical matter, you might want to consider if this will just ratchet up the tensions between the two of you.

If you can resolve the problem by explaining to the child's teachers what is occurring and for a little leeway on the homework due dates, you may be able to resolve the problem with less potential for friction.

You make a good point about the importance of documenting anything that may be a subject of future litigation. If the ex seems to be serious about attempting to modify custody, it would be wise to keep good notes. I have an article on my blog about documentation in child custody matters that you may find helpful:

http://bashorlaw.com/wordpress/

Best wishes to you.