Legal Question in Family Law in Texas
My husband is a joint managing conservator with his ex wife and gets the expanded standard possession on the first, third, and fifth Friday of every month. One child does not attend school but the other child does. My question is, if time ends at the time school resumes and only one is in school does the time end at 6pm for the other child on that Monday? It says in the papers that if the child is not enrolled in school then we are to surrender the child at 6pm at ex's residence after the wknd.
1 Answer from Attorneys
Generally the possession order is written so that the terms apply separately to each child covered by its terms. However, I do not know whether the decree is written that way and without access to the language of the entire decree it is impossible to say what applies in your husband's situation. The best thing your husband could do, to minimize conflict, would be to reach an agreement with the other parent about how the situation should be dealt with and have them agree to it in writing by email or a paper document.
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