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Is it possible to request a change to a temporary custody order because a parent is leaving the child at an undisclosed location with an unknown person while he works?

In Texas both parents have a right to receive information about the health, education, and welfare of their children. They both have the right to be designated on their children’s records as a person to be notified in case of emergency – unless there is some reason for the court to take away those rights. (See, Emergency Guide to a Temporary Custody or Protective Order Hearing.)

New custody orders can be particularly frustrating for parents. Parents don’t necessarily understand all of their rights and duties. It’s probably more often than not that I find that a client is violating one or more aspects of their thirty-plus page order. A letter from your attorney explaining your rights to the other parent’s attorney and the consequences of violating them may be enough to fix the problem. This is also a good opportunity to do an orders audit to see if you are out of compliance yourself.

One helpful way to think of temporary orders is as an opportunity to try out a custody arrangement and fix whatever isn’t working in the final orders. You may want to start a list of issues you are having and just make sure your attorney addresses them in the final orders. It ought to be pretty simple to have the final orders require parents to exchange information about daycare providers.

Here are a few suggestions that might help your case to go more smoothly:

    • Make an outline of your Temporary Orders with bullet points for your rights, duties, exchange locations, etc.
    • Buy an appointment book and calendar the visitation schedule.
    • Write a note at the beginning and end of every visitation in your appointment book. Include at least:
      1. time of exchange,
      2. date of exchange, and
      3. any information exchanged (such as Junior has a runny nose).
    • Consider asking the judge to order the parents to enroll in one of the co-parenting web sites or apps available to help facilitate co-parent communications. A few I would suggest looking at are:
      1. Our Family Wizard
      2. Talking Parents
      3. App Close

Good luck!