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Need to change your parenting plan because of school activities?

 Posted on September 01, 2021 in Child Custody

Texas classrooms are opening as schools attempt to return to the new normal. Along with in-school learning, students are once again participating in a wide variety of extracurriculars in sports, music and other social groups. Some divorced parents may struggle with this new schedule. But is it possible to alter your current custody or visitation order?

Considerations for modifying parenting plans

The Texas Family Code doesn’t include the phrase “extracurricular activities” when establishing or modifying parenting plans. If you want to change a custody or visitation order, the court only considers specific factors, including:

  • The child's age and safety
  • The original custody and visitation orders
  • Distance between the two parents’ homes
  • Financial impacts

The judge has 100% discretion in these requests with the overriding objective of ruling in the child's best interests, even if a modification would make the situation easier for you or the other parent.

Finding a workable solution

When the pandemic began, the Texas Supreme Court issued orders directing parents to follow their current custody orders but urged them to be flexible. If you and your ex found a way to make it work before schools reopened, continue to work together to find a solution to this change as well. If you find that difficult, seek legal help.

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