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How does shift work affect visitation?

Houston, TX |

I work shift work and am being assigned weekend night shift. Does this mean that I lose my standard possession visitation or can I get nights during the week on my days off? My ex says I just don't get to see the kids at all.

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Also, standard visitation is looked at as a MINIMUM visitation schedule. There is absolutely nothing wrong with having MORE visitation than that which is provided in the standard orders. Your ex is incorrect in that you would not get to see the children at all. It just means she is refusing to provide you the opportunity to see them outside of the standard visitation which no longer fits your situation and allows you to seek a modification from the court if she refuses to be flexible enough to provide alternate times for you to visit your children. It is unfortunate that you have to go to this extent, but to me, from what you have stated, she (your ex) appears unreasonable and that she is trying to prevent the children from having a relationship with you. Goo Luck

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This would be correct but you can do two things:
1. Send someone in your place to do the pick up and drop off
2. File a modification and ask for changes to the order


I suspect that the first paragraph of your visitation paragraph states that all visits are done whenever the parties agree and absent agreement then on the 1st, 3rd, and 5th Fridays beginning at 6:00 p.m.....

That means that if the two of you can AGREE then you can see the children whenever the two of you can agree.

The visitation wording in your Final Decree of Divorce is actually the minimum amount of visitation that you are entitled to see your children. It is not the maximum amount of time that you will see your children. In Texas, you can see your children whenever you and your ex can mutually agree to it.

You might also look and see if you are required to attend mediation before you can file to modify your current legal document with the court. It is normally toward the end of the legal document.

If you have a trusted friend or minister that your ex likes, perhaps this person could talk to her. Children need and love both parents. Plus, normally a parent needs a break from their kids eventually.

If you need an attorney, look on this website and hire one. You live in Houston and there are plenty of excellent attorneys in the Houston area. Many offer a free consultation. So look around and hire one if you need one.

I only mediate these days. My rates are $250 per side for 4 hours - very low for the Houston area.

Good luck!

Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

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