Legal Question in Family Law in Texas

Hi. I'm a divorced father of two kids (noncustodial parent, but joint custody) in Texas. My ex-wife and I completed a no-fault divorce nearly 2 years ago and I agreed to only 10 days of custody during summer break (instead of the standard 30) because my son was only 3 years old at the time. My son is now 5 (and my daughter 7) so I would like to ask for the full 30 days. I feel the kids can handle being away from their mother longer now that they are older. I tried to get my ex-wife to give me extra time this summer, without altering any documentation, but she is not willing to give me the extra time on her own. So, I feel I will need to get the divorce agreement changed legally before she will comply. I'm wondering how difficult it will be to obtain the standard custody schedule, in a court of law. Can she possibly fight this? I'm a good father, employed, current on child support and alimony, with no legal troubles in my past. I have remarried since the divorce and also have two stepchildren.. but everyone gets along really well. Thanks - Dad Hoping for More Time with My Kids


Asked on 8/26/14, 3:08 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Your original document should have had language that said after the kid turned 3 a SPO went into place. It does not say that? Pity. Your attorney did not recommend it? I suspect that you did not have your own legal counsel -- really a bad move.

You can ask to modify. You can ask for an Expanded Standard Possession Order and ex has no say on it. If you live close to each other and you can pick the kids up from school and return them to school then go for it.

Hire a tough, smart family law attorney and go for it.

You might try mediation.

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Answered on 8/26/14, 9:21 pm


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