Legal Question in Family Law in Texas

If a child is at school would this still be considered during either the custodial or non custodial parents possession time according to the times in the orders? I don't believe it is "idle time" where it is a free for all and no parent has possession so anybody can take them from school. Can a judge make decisions, change orders and order a Parent Facilitator to abide by it if it has not been filed for a motion or some formal court forum?


Asked on 10/27/11, 10:53 am

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

If the order is properly prepared, then ALL time is accounted for. The exchanges of the child will usually be at a specific time or when the child is released from school. If the order is not properly prepared, then there could be gaps and they need to be fixed.

A court (judge) cannot do anything until someone files a case in that court. To fix a poorly drafted order would take a motion to modify.

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Answered on 10/27/11, 12:01 pm


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