Del Valle, TX asked in Family Law and Child Custody for Texas

Q: What's the best way to approach the situation without breaking court order?

The parents are unmarried & recently separated. I want to make sure that the baby has same amount of time with each other. Because of the pandemic & the winter we are enduring. The father thinks I'm using it as an excuse to alienate. But he works (he has had the past week off cause of weather) & for the moment I'm a stay at home mom. It's difficult trying to make a schedule, since he is upset that we separated.He thinks if I have to protect myself legally then I'm not doing my best to coparent. I worry he'll withhold baby & find someone to watch the baby instead of me. We have 50/50 he has right to have her too. I just want to handle this legally to protect everyone's rights. I do want him involved but not getting the same maturity & intentions from his side. I'm doing my best to share but I can only worry about my actions in what I can control. His actions are his own. Knowing if we can't agree we'll have wait till we go to court. Which can be awhile. Don't want this back firing onme

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1 Lawyer Answer
Jonathan Tanaka
Jonathan Tanaka
  • Divorce Lawyer
  • Harker Heights, TX
  • Licensed in Texas

A: Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.

The title of your post says "without breaking a court order" -- is there already a court order or not? The rest of your post sounds like there is not since you all have never been married and there has not been a SAPCR (Suit Affecting the Parent-Child Relationship). If there is a court order, that final order will dictate who is to have possession when. Of course, you both can mutually agree and set up possession differently than what the final order states if you wish.

If there is no court order, yes, you're absolutely right, you will need to go to court and hiring an attorney should be your first step.

That's admirable that you are trying to maintain 50-50, but if there is no court order, there certainly is no requirement that you must maintain that schedule at all costs, especially with the winter conditions that we've been experiencing lately.

Hope you and your child stay safe and well in this weather!

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