Keller, TX asked in Child Custody and Family Law for Texas

Q: Does my divorce decree have to explicitly say I can or cannot visit my child for school lunch?

I love my child & want to visit him during his school lunch, my child wants this as well. My ex says I'm forbidden to visit during lunch because the decree doesn't mention lunch. I know that Texas Family Code Sec. 153.073 says

"(a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips;"

My divorce decree on (6) says: "to attend school activities;" ending with the semicolon. I assumed that ending with a semicolon meant Texas Family Code (lunch, field trips, performances) elaborates on that. Nowhere in the decree does it say I cannot go to my child's school or let alone visit for lunch. My ex is trying to say that because it ends on a semicolon & doesn’t specifically say "lunch" after "activities" that means I’m not allowed.

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2 Lawyer Answers

A: Your ex is incorrect.

Like the Texas Family Code explicitly states, unless your divorce decree limits your right to attend school lunches, you have that right. The omission of a portion of that language from your decree is just like if they hadn’t put anything on the subject at all in your decree—you still have that right by operation of law under that section of the Texas Family Code

A: Do you have standard visitation or supervised. If supervised my answer is no. If you have standard visitation. You can have lunch if school allows it . I am assuming it is a small child. Do not over do it. Once a week is plenty.

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