Tuesday, March 10, 2020

Staying in Compliance with Court Ordered Parenting Schedule


Any person under the Court’s jurisdiction must follow the language of the Court’s orders to the letter, however, there may be circumstances that call for a change. It would be a good idea to consult an attorney to decide whether a change, especially in child custody terms can be done less officially “off the books”, or whether the Order should be revised by the Court.

Parenting time schedule is usually part of a Judgment of Divorce or Custody.  As your child grows, circumstances change, schedules change, needs change and the parenting time order should evolve to adapt to those changes.  In many cases, parenting time order allows the time to be flexible and adapt to those changes, then it may be unnecessary to officially change the language of your order. However, if the Order is more specific, then you may need more official means to revise appropriately.  One possible reason to deviate from the Order may be due to a planned or unplanned event: such as a family wedding, a trip, or a school function. The next question is whether the event requires you allotting a portion of your scheduled parenting time to that event, whether you may be entitled to make-up parenting time, or maybe whether valid reasons preclude the child’s participation in that event.

There may be reasons to “Stick to the Order” no matter what. Some parents rely on the Order to protect their child. If your child looks to the Order as a means to structure time spent with a parent, then deviating from that Order may have unintended consequences if either parent suddenly chooses not to follow the rules.  Nonetheless, it is important to make sure you have someone who understands the parenting time schedule and is able to help keep you in compliance with the order to ensure you are not in violation.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2019, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.

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