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.

Related Topics:
2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

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

Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.