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?
1 Answer from Attorneys
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.