Legal Question in Family Law in Texas
changing/revision of custody papers
In my step-daughter's standard posession papers it does not have the segment about the posessory conservator (my husband) being able to choose to pick the child up from (and return her to) school on our weekends that we have posession instead of getting her from her mother's home. Is that an error on his lawyer's part for not seeing that it was included or can we go back to court and get it revised?
Also, my husband pays his ex-girlfriend $100 extra a month for their daughter's insurance. The child can be covered through my work as well as my husband. Can we insure her through my insurance?
2 Answers from Attorneys
Re: changing/revision of custody papers
Both of your concerns can possibily be achieved by filing for a modification of the previous court order. The previous attorney might not have commited an error. The visitation provision which you referred is relatively new; accordingly, if the order is more than five years old, the new provision might not have been in effect.
Re: changing/revision of custody papers
Whether your husband's former attorney erred in not including the language regarding picking up his child from school rather than the child's mother's home depends on when the final decree was entered. Nethertheless, you may be able to go back to court to seek a modification of the decree to provide for the language unless there is some reason not to grant it. With regard to the insurance question, you may be able to get the court to agree that you can carry the insurance. These two issues are the type of disputes that should be resolved by the parties and submitted to the court as an agreed order modifing the divorce decree. Sometimes having an attorney contact the ex-wife who then gets her own attorney may help as her attorney will explain that the requested modification are reasonable and likely to be granted by a court.
Good Luck
John Pfister