Legal Question in Family Law in Texas

Re: standard possesion order

Legally, most decrees provide that you can mutually agree to any schedule you want, and IF you are unable to agree, then the standard visitation ( i.e. 6 pm) applies.

My advice is always try to second-guess what the judge would do. Primarily because if you deny him visitation after 6 pm, and he files a Motion to Modify the Visitation, then you are going to end up back in court. If you can avoid the expense of court, by reaching an agreement, then you are better off. Your child is certainly better off.

If the dad is making a concerted and regular effort to exercise visitation, then the judge is going to listen to his work schedule and attempt to reach a modification that maintains the parent-child relationship and adjusts somewhat to the work schedule.

That said, 11 pm is not a reasonable time to exercise visitation. If he has a regular day off, then you might agree that that is his visitation day from 8 am to 8 pm every week. Or you can agree that he must give you 48 hours notice of intent to exercise visitation. You may prefer to engage in a mediation session to resolve this one issue.

Once it is resolved, you file a Rule 11 agreement with the court, and reasonably expect him to abide by the new terms.

Re: standard possesion order

I agree with Theresa.

Think first about the child. Children love both parents. You might be punishing your child more than your ex-husband.

I always encourage parents to work together for the best of the kids.

What if the circumstances were reversed, how would you feel if he treated you the way you want to treat him?

He can designate someone else to pick up the kid at 6 p.m.