As Mother’s Day is approaching you might be thinking of ways to guarantee that you spend the day with your children. If you included a clause in your parenting agreement that your children spend the day with you despite any scheduled visitation with the other parent, and vice versa on Father’s Day, the you will more than likely get to spend that time with your children. In the event however you did not have that clause added, like many others in Texas, when you review your custody agreement in advance of the holiday, which falls on Sunday, May 10 in 2020, you will discover that the children’s father has them that day. What do you do now?

Observe and Keep Your Child Custody Agreement

While difficult, you are obligated to honor your current child custody agreement. When your custody agreement and parenting plan were approved by the Judge, it became fully enforceable through the court. To that end, while your spouse may not grant you visitation for Mother’s Day, you may also deny them visitation on Father’s Day.

With respect to the relationship with the other parent, you can request a schedule change, without the approval from the court, although that side agreement will not be enforceable by the court. Any agreement made will not oblige any party for next year’s Mother’s and Father’s Day, so to make a permanent change would require an amendment to the current agreement.

Don’t Make The Day A Loss

If your children do not get to spend the day with you, because the other parent will not agree to make an exception, this doesn’t mean you can’t celebrate or be celebrated. Whether through phone calls, zoom, Skype, video chats, or social media, you have the ability to stay in contact and be celebrated by your children.

Don’t Go Through This Again

If you want to ensure that you spend each Mother’s Day with your children in the future, you can request a modification to your current agreement. At Webb Family Law, we specialize in those types of modifications and can help you through the process. If you and the other parent agree to a shared plan, it is possible to request a modification directly with the court if there is no disagreement.