3 Summertime Custody Questions to Keep You Cool and Compliant in Texas
Understanding and navigating child custody can be troublesome at all times of the year. But summertime brings its own unique challenges and questions that must be solved to ensure you and your ex remain compliant with custody arrangements and privacy laws, while keeping your child safe and providing yourself peace of mind. This article will answer three key questions that focus on each of those issues and conclude with some best practices to ensure you’re well-informed and prepared to enjoy a stress-free season while your child is with you and when they’re not.
Let’s begin with a quick overview of Texas Custody laws.
Texas Child Custody Basics
There are two primary types of custody in Texas: joint managing conservatorship and sole managing conservatorship.
In a joint managing conservatorship, both parents share the rights and responsibilities of raising their child, including decisions about education, medical care, and religious upbringing. However, this does not necessarily mean equal physical custody or visitation time. The court can designate one parent as the primary custodian with whom the child primarily resides, while the other parent may have visitation rights.
In sole managing conservatorship, one parent is granted exclusive rights to make significant decisions regarding the child’s life. The other parent, known as the possessory conservator, typically retains visitation rights unless deemed unfit due to issues such as abuse or neglect.
Determining Custody Arrangements in Texas
When determining custody arrangements, Texas courts consider several factors, including the child’s physical and emotional needs, the stability of each parent’s home environment, each parent’s ability to provide for the child, and the child’s preferences if they are of a sufficient age and maturity. Additionally, the court may take into account any history of family violence, abuse, or neglect. The goal is to ensure a stable, supportive environment that fosters the child’s overall well-being and development.
Texas law encourages parents to create a parenting plan that outlines custody arrangements and visitation schedules, but if they cannot reach an agreement, the court will impose a plan that serves the child’s best interests.
With a high-level understanding of the basics of Texas child custody law, let’s answer three summer-specific custody questions that will clear up any confusion and keep you cool and calm when your child is with their other parent.
Summertime Custody Question #1: Are You Allowed to Communicate with Your Child When They’re With The Other Parent?
Texas law encourages both parents to maintain ongoing and meaningful contact with their children, even when the child is in the physical custody of the other parent. This is to promote the child’s emotional stability and sense of security.
Texas law typically allows for reasonable communication between the non-custodial parent and the child during the other parent’s custody time. This can include communication via:
- Phone calls
- Texts
- Emails
- Video calls.
The specific terms and frequency of communication are often detailed in the custody order or parenting plan[1] . These plans can stipulate certain times or conditions under which communication should occur to minimize disruptions and ensure that the child’s daily routine is respected.
Additionally, both parents are generally expected to support the child’s communication with the other parent. Interfering with the child’s communication can be seen as not acting in the child’s best interests and may result in legal consequences. If conflicts arise regarding communication, parents are encouraged to resolve disputes as amicably as possible, such as through mediation. However, if one parent consistently violates the agreed terms, the other parent can seek court intervention to enforce or modify the custody order to better protect the child’s rights and needs.
Summertime Custody Question #2: Do You Have the Right to Know Who’s Around Your Child?
Summer is a social time with events like barbecues, picnics, pool parties, block parties, and fireworks displays bringing larger groups of people together. This can lead to unfamiliar people around your child, as well as the need for daycare or babysitting while your child is with their other parent.
In Texas, you generally have the right to be informed about who is around your child during the other parent’s custody time, especially if there are concerns about the child’s safety and well-being. However, the specifics of this right can vary depending on the custody order or parenting agreement.
Many custody orders or parenting plans include provisions that allow each parent to know who will be in contact with their child during visitation or custody periods. This can include names of significant others, babysitters, or other family members who will be providing care.
If there are legitimate concerns about your child’s safety—such as the presence of individuals with a history of abuse, neglect, or substance abuse—you can request the court to include specific restrictions or conditions in the custody order. For example, the court can prevent certain individuals from being present during a parent’s custody time.
In some cases, custody orders may require you and your ex-spouse to inform each other about the presence of new romantic partners or any individuals who will have significant contact with your child. This is particularly relevant if the relationship is serious and the individual will be regularly involved in your child’s life.
Summertime Custody Question #3: Are You Allowed to Track Your Ex-Spouse?
With very few exceptions, Texas law prohibits you from tracking your ex-spouse (and vice-versa) during their parenting time without consent unless there is a specific provision in the custody order or parenting plan that allows for some form of monitoring or tracking (which is uncommon).
Tracking your ex-spouse during custody without their permission via GPS devices, phone tracking apps, or other surveillance methods can raise significant legal concerns, potentially constituting harassment or violation of privacy laws.
If you are tracking your ex without permission (or vice-versa), they can seek a restraining order or an injunction to prevent further harassment. The court can issue orders to stop this behavior and deliver legal consequences if the orders are violated.
Legal consequences can include, but are not limited to:
- Intervention by law enforcement
- Modification of custody orders to include provisions that prohibit tracking or require certain boundaries to be respected during parenting time
- Filing of restraining orders
Best Practices for Navigating Child Custody in Texas During the Summer
Following are a few custody best-practices in Texas for helping everyone involved avoid a cruel summer:
- Communicate as well as possible: It’s beneficial–when possible–for you and your child’s other parent to maintain open and respectful communication about all matters related to custody. This can help to create a cooperative co-parenting environment and ensure the child’s best interests are always prioritized. Additionally, discuss boundaries and expectations with your ex to prevent misunderstandings about privacy during parenting time.
- Refer to your custody orders or parenting plan: When in doubt, refer back to the stipulations set forth in your custody orders or parenting plan.
- Know your rights; Knowledge is power. And you want to feel empowered to act when necessary. So, make sure you know and fully understand your rights as a parent–this also includes understanding the things you should not be doing.
- Keep records: Keep detailed records of any incidents of unauthorized tracking, or actions of people around your child that may put them in danger. This information can be useful if you need to take legal action.
- Lean on the experts: Consult with a Texas family lawyer to understand your rights and the best course of action based on your specific circumstances.
With answers to the three common summertime custody questions and some best practices to follow, you’ll be more informed and better prepared to remain cool, calm, and compliant when your child is away from you during the summer season.
Contact Carrington Smyth, PLLC with additional questions regarding child custody or if you have concerns regarding your child’s well-being when they’re with their other parent.