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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