Legal Question in Family Law in Texas

I live in Texas and went through a custody battle. My ex won temporary custody of our child. We have court orders for standard visitation right now for myself with me getting him the first, third, and fifth Fridays of the month and so on and so forth. Well he has gone against court orders and given my son to me on weekends that were no supposed to be mine according to the court orders and now due to his work schedule he is wanting to alter the schedule to what works best for him giving him to me on Tuesday mornings until Friday mornings and him getting him Friday until Tuesday morning. I don't know if I should agree to this with it going against the temporary court orders. Is it legal for him to alter the schedule like that? Or is it completely fine? I just don't want to harm my case in anyway by agreeing to them since the orders were only granted temporarily until I can get on my feet. What should I do?


Asked on 6/27/11, 2:06 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Almost all divorce decrees begin the visitation provisions with the language "unless agreed otherwise" meaning that you and your ex can agree on other visitation provisions that might work better for you. If you are go to agree to something else, I suggest you document that agreement in writing. However, your ex cannot unilaterally change the custody provisions of the decree.

If the temporary orders do not address this issue, you should consult your attorney.

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Answered on 6/28/11, 6:03 am


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