When the custody order was last modified it was included that the child supposed to be appropriately clean and dressed at pickup. However, custodial parent has admitted that she dresses my child in clothes and shoes that arent her size (too small or big for her) Because custodial parent doesn’t want child to wear “good” clothes when she comes over. I provide my own clothes when she is here. custodial parent continues to send emails that include dumb emojis when she doesn’t like or agree with something. I’ve asked to stop the use of emojis and communicate as an adult. Is impossible to not end up into an argument with her. Can this be used in court to make her adhere to the order?
Those areas of concern are pretty subjective and subject to interpretation and separate judgments. You can attempt to use those, but perhaps the orders need clarification or modification. Please consult family law counsel in Travis County area in person.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
The trouble with these types of provisions is that they are fairly difficult to enforce. For example, when it says the child has to be "appropriately clean and dressed", one person's definition of what "appropriate" means may not correspond to another's. So, if you were to take this to court, the custodial parent may argue that even though you think the child's clothes are inappropriate because they do not fit correctly or look good, she believes they are appropriate because she has a purely utilitarian approach to dressing children and she may thing it is wasteful to buy the child a lot of clothes when she grows so quickly.
As far as the cleanliness, again, this matter if fairly subjective, unless you can provide medical records or have a physician testify that the child is so dirty that it is affecting her health, i.e., skin rash/diaper rash, skin sores, excessive insect bites, etc. Again, if you were to bring this in front of a judge, there is a very good chance that he or she would see this as a conflict of personalities and parenting styles and not a significant point of concern.
As far as the communication issues, you may want to try communicating through a co-parenting website, such as Talking Parents or OurFamilyWizard.com. The courts tend to recommend this type of communication when the parties are having issues communicating through text or email. If the other party does not agree to use something like this, you may want to petition the Court to order it.
As the others have said, the subjective nature of the provisions makes enforcement difficult. A modification might be more beneficial. You should consult with an attorney in your area who can look at your order, discuss the various issues and problems you've had since the order was entered and who can then discuss your options.
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