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Permission and planning in custody situations

Texas parents who are divorced and who do not have primary physical custody of their child could deal with some challenges in participating in certain facets of that child's life. In some cases, custodial parents tend to be restrictive in allowing visitation time in excess of that provided for in a parenting plan. This could be related to fears of their position being undermined by the other party. However, parents with joint legal custody might face times when they would like to be a part of special activities in order to cultivate a stronger relationship. The wording in a parenting plan can be so general and vague that it is easy to interpret certain issues in a manner that favors one's own point of view.

A parent with legal custody might feel that presence at a parent-teacher meeting, for example, is not wanted even though there is a right to participate. In some cases, the parent scheduling this type of meeting might not pass the details along to the other party, justifying such action by the fact that the parenting plan does not mandate the sharing of this information.

A parent attempting to be more involved in a child's life in spite of a lack of cooperation from the ex-spouse might make separate appointments to meet with teachers or health care professionals. Additionally, that parent might use text messaging and email to make requests for extra parenting time or to participate in certain events to ensure that reasonable requests are documented.

A parent dealing with difficulties related to a parenting plan might find that it is necessary to seek a modification in certain cases. If visitation schedules do not work well, for example, the issue might be re-visited to achieve a more workable one.

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

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