Can a parenting time plan be modified?

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Can a parenting time plan be modified?

Divorce was in CO, but now both parties live in TX. The papers state child is to be picked up from school/primary residence on Friday and dropped back to school on Monday every other weekend (father has extended parenting weekend plan). We have mutually modified that for a year since his work schedule only allowed late Friday evening pick up from primary residence and evening return on Sunday to primary residence. The father has been doing this from CO to TX for 1 year. Now, father has moved closer (TX), but is still 200 miles away and would like his every other weekend parenting time.

Asked on September 5, 2010 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Parenting plans work best when both parents have agreed to this plan and it is approved by the family court.  However, while modifications may be mutual in terms of modification from the original court order, such mutual modifications are not only non-binding but can technically place both parties in contempt of the original family court order.  One or both parents cannot simply ignore or change the court order.  The father is asserting his legal rights according to the legal modification approved and made binding by the family court. If you prefer to try a different parenting plan in terms of visitation and time away, try bringing a motion in divorce court to modify this plan.


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