Can Parents Agree On Which Parent Shall Have Primary Parenting Time?

Parents can absolutely agree on which parent shall have primary parenting time. In Texas, most cases will involve a standard possession order which will include a determination as to which parent will have primary custody. In almost all family law cases, those determinations are negotiated. Despite what many people think, it is not always the mother who is granted primary custody. If parties are unable to agree upon a custody issue, then the courts will act in what’s referred to as the best interest of the child. However, parties can certainly agree upon an arrangement, such as time sharing, or fifty-fifty custody.

When Are We Able To Change A Visitation Or Custody Schedule In Texas?

In order for a visitation or custody schedule to be changed in Texas, it must be shown that there has been a substantial change in the condition of the parties. During the three years following the establishment of a visitation or custody order, most judges will not want to address requests for changes. However, a substantial change in conditions would certainly be grounds for making such a request. For example, if one parent accepted a job that would require the child to relocate or if a parent became involved in criminal activity, then a request to change the visitation or custody schedule may be warranted.

Can I Prevent The Other Parent From Moving Or Relocating?

You cannot prevent the other parent from relocating, but you could petition the court for a change in the prior divorce order if the parent who is relocating plans to do so with possession of the child. These types of issues are typically addressed in initial custody orders or divorce decrees with respect to which party has the right to designate the home in the county of the child. For example, if a divorce decree states that the mother may not move from El Paso County (the county of the child) without the express written consent of the father, and if the mother attempted to do so anyway, then the court would be notified and could in fact rescind or modify the custody or visitation orders in light of the mother’s decision.

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