Do I Forfeit My Parenting Time If I Can’t Make The Scheduled Visitation?

Jennifer Hankinson Dallas Divorce AttorneyQuestion:

How do child custody laws handle parenting time conflicts when one parent cannot be there for scheduled visitation?

Because of my work schedule the next few months I will be out of town during my scheduled parenting time.

If I can’t make my scheduled weekends, do I just lose that parenting time and forfeit my visitation?

Can the court force my ex-wife to work with me to come up with a modified custody schedule to reflect my job schedule for the next few months?


Since I am only licensed to practice law in the state of Texas, I can only provide general divorce help for men on how a Texas court might deal with your situation.

If you are currently going through a divorce, then you can petition the court for temporary orders or additional temporary orders if you do not already have then to try and work out an arrangement.

If you are already divorced, your parenting time schedule with your children is as set out in the decree. If the decree does not account for make up parenting time in the event that your work schedule does not permit visits with your children during your regular time, this could pose a problem.

I would advise you to try and work out some type of make up time schedule with your ex-wife in writing. If you cannot reach an agreement, I would suggest you consult with a mens divorce attorney who can look at the exact language of the decree to try and assist you.

If it is your time, and your ex-wife is not willing to work with you on the schedule, then you could also give possession to a relative, however, this would depend on the wording of your decree, such as if you have a right of first refusal clause.

Your time with the kids is your time with them. Just because you cannot visit with them because you are at work does not mean your ex-wife is automatically awarded the extra time.

Remember, I can only provide you with general divorce tips for men. For a more in-depth discussion about child custody laws, consult with a mens divorce attorney near you.

To schedule an appointment with a Cordell & Cordell attorney, including Jennifer Hankinson, an attorney in the Dallas, Texas, office of Cordell & Cordell, please contact Cordell & Cordell.

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3 comments on “Do I Forfeit My Parenting Time If I Can’t Make The Scheduled Visitation?

    I am currently unable to pick up my kids for the entire christmas week. Am i able to pick them up for a portion of the holiday? Or is it an all or nothing. Do i have to pick them up from start time to end time?

    There is no judgement yet, we are currently in the process of child custody, visitation and child support. So for the 6 years of son’s life we’ve had the same schedule. He has twice a week until 6PM and every other weekend, which seems to be working. Unfortunately he met someone else and now they are engaged. Great for them. But since then he’s attitude towards me has been ridicously dumb. Anyways, this part weekend was my time with my kids ( I have a daughter from a previous relationship), and we have always met at Chevron. because of where I work depending on traffic will depend what time I will arrive at Chevron. I can’t provide him an exact time but I always say i will be there between 5:30PM-545PM. Well this past Friday, i waited until 553PM, I called him several times to find out how far he’s out because I had 2 appointments to see some rentals, because I have to move from my current home. Most of the apartments or managers close at 5Pm, they were willing to wait for me. I had one appointment at 6PM and another at 630PM, remember it is now 553Pm and I’m going to arrive late to my 6PM appointment. So I left, and I called him that I will pick up my son. He refused to him back to me that day, I actually didn’t get him back until Sunday at 335PM. He accused me of forfeiting my time with my son. Now, note that for 6 years our schedule has been the same, and when I have to meet him at Chevron my times to arrive have always been between 530PM-545PM.

    Visitation and work
    My x husband uses his job as an excuse why he cant follow visitation if I bring him back to court will the judge favor his reasoning y he is not following visitation. I work also and cant make him try to agree to other plans

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