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Is a text considered a written notice?The decree does not specify.

Houston, TX |

I sent the x a text notifying her that we now live over 100 miles away and have elected the alternate visitation schedule. She said a text is not a written notice and demanded an email or written letter, and refused to accept the text. The divorce decree does not specify. It just says "written notice."

Attorney Answers 2

Posted

Text is written notice.

I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.

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Posted

I'm not sure you're reading your divorce decree properly. There should be a section that directs you to give written notice to the court as well as your ex wife if you change employers or addresses. Obviously you can't give notice to the court by email or text. The language for notifying both your ex and the court should be in the same section of the decree and therefore, presumably subject to the same rules.

Within that notice, I would include the notice that you are now electing the alternate visitation plan.

I would not try to parse this too carefully for a number of reasons. First of all, if you are required to give notice and all you do is text, how do you expect to prove that you gave notice if the court asks you to prove it? Are you going to try to introduce her cell phone into evidence to show that she received it? That's not going to work. A certified letter the return receipt gives you back a green postcard showing that she received the letter and giving you the proof you need to show that you conformed to the court's order.

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