Archive for the ‘Divorce’ Category

Here we go again…..

Thursday, May 17th, 2012

Sorry, I got behind again on my posts.  As I can see from reviewing my “comments” to my April post, I may need to review the summer “notice” provisions again.  It appears that many of you get confused because one party is learning to “game” the system.  What I mean by that is this:

  • Non custodial parent (ncp) is entitled to thirty days in the summer and must elect their time by April 1 or it will revert to July 1 – July 31st.  Let’s pretend I am the ncp and I send written notice on March 31st via certified mail and first class mail.  First problem is that the custodial parent (cp) does not pick up the certified mail and it just sits.  It does not matter.  I met the notice requirements and they are on notice whether they pick up or not.  To be safe, i may also send via email.
  • Here is where I “game” it.  I pick my first two weeks to be as follows – July 8th until July 20th.  That is the first part of my extended summer possession and accounts for 12 days.  HOWEVER, look at your calendar.  I also get standard weekends in the summer.  That means that I will pick up the child on July 6th at 6:00 p.m. and keep the child until Sunday the 8th at 6:00 p.m.  My next possession is my extended summer possession and begins on Sunday the 8th at 6:00 p.m.  That means I keep the child from the weekend.  My possession then goes until Friday the 20th at 6:00 p.m., but wait, I also get that weekend as it is a third weekend, and it begins on Friday at 6:00 p.m. so I would keep the child until that Sunday at 6:00 p.m. before I returned to cp.

As you can see from that hypothetical, I have only used twelve days of my extended summer possession, but have gotten 16 days out of it.  I can do this all over again one more time if I wanted to.  That is what you call gaming the system.

This post answers a few of the comments I had regarding notice under the standard possession order in Texas.  There were many more and I will try to address them as they come up.

Talk to you soon.

April and the standard possession order

Friday, March 30th, 2012

Okay, after a long hiatus I am back.  Next month is April…what do we have on tap for standard visitation?  Click on the link for a review of last years April visitation.  I think I was smarter back then anyway as now I am out of the groove.

March is finishing with a 5th weekend (measured by Friday) of the month so the noncustodial parent (the one without custody :) ) will have had the last weekend in March (30th) and the first weekend in April (6th).  The other weekend visit will be the 20th of April.  Of course you know when your visits start and end, correct?

For Thursdays (or Wednesdays in older orders).  You should have every one this month.

If your children are out for the Easter weekend, then the provisions dealing with a long weekend will be in effect.  This means that if your child is out on Good Friday, then the visit which normally would have started on Friday, will now begin at the same time on Thursday.  If they are out Monday, your visit will extend to Monday evening from Sunday evening (assuming your visits end at 6:00 p.m. on Sunday) or return to school on Tuesday if your visits end when school resumes on Monday.

Other than this, I do not see anything that jumps out at me for an April standard visitation order in Texas.  As I always say, READ YOUR ORDER.  Nothing I post here has any relevance if your order is different from the standard possession order.  When in doubt, contact a local attorney to understand your rights and duties.

Shacking up with significant others

Friday, March 30th, 2012

As a practicing family law attorney one issue which is constantly raised is whether it is okay for the child to be around a significant other.  This can from the person with the new “friend” or the other side.  In any case, my answer is that typically the Judge’s frown on allowing the child to know and/or be involved with boyfriends and girlfriends, at least that is the case in Dallas and Collin county.  I would suspect it would be the same where you live.

I found an interesting article in the Florida Divorce Law Blog that discusses this very issue (or similar issue).  They were citing an article from the Institute of American Values.  I am not sure how reliable this information is, but it brings up the interesting topic of cohabitation.  Read the article and report and form your own opinion on the subject.

Even if you do not believe the article or the source, I would have to tend to agree with the underlying theory that children would suffer from these potential short term relationships.  This includes boyfriends and girlfriends in a divorce.  Be smart about your choices of who you expose your children to.

november and the Texas standard possession order

Friday, October 28th, 2011

This is my second go around on the standard visitation order for November in Texas.  You can see my first round here.  The song remains the same, only the dates have changed.  Actually that is not true.  Last year was the custodial parent’s Thanksgiving holiday and this year’s visitation belongs to the non-custodial parent.  That changes things a bit as you will see below.

The weekend visits this month are the 4th and 18th.  The parent with standard visitation will also get each Thursday this month (including Thanksgiving).  Pretty simple, right?

Now the hard part – the Thanksgiving holiday.  The age old question in most of our visitation battles is “when does school let out for the Thanksgiving holiday”?  If the child is off for the entire week of Thanksgiving, then visitation is a no-brainer.  The non-custodial parent gets visitation beginning Friday the 18th and keeps the child until the Sunday following the Thanksgiving holiday (or return to school Monday depending upon your order).  This includes if the Monday and Tuesday are “in-service” days or the kids are not otherwise in school.

However, if the children have school on Monday the 21st, then your weekend ends at 6:00 p.m. on Sunday the 20th or, depending upon your order, at the time school resumes that Monday.  Your next possession would begin when the child is let out of school for the Thanksgiving holiday, typically Tuesday or Wednesday in this scenario.  It will end on the Sunday following the holiday.  Your next possession will be in November.

It seems easy enough when I write this, but I know there will be a million questions as the holiday approaches.  I will do my best to answer each of your questions in a timely manner so feel free to comment.I hope everyone has a happy Halloween and Thanksgiving.  Talk to you next month.

october and the Texas standard visitation schedule

Tuesday, September 27th, 2011

October is just around the corner so let’s review the Texas standard visitation schedule.  The weekends and Thursdays are pretty standard.

For weekends you will have the 7th and the 21st and the there will be 4 Thursday visits this month (or Wednesday for older orders).

There are two holidays this month we have to deal with.  The first is Columbus day.  This is a Monday holiday and falls on a standard visitation weekend (1st).  If your child has off for Columbus day, review your order as you will have an additional day.  If you normally return at 6:00 p.m. on Sunday, then you will return at 6:00 p.m. on Monday.  If you return to school Monday then you will return to school Tuesday.  This is a pretty straight forward holiday.

Let’s talk about the bigger elephant in the room.  Halloween.  It falls on a Monday this year, and it is not a standard visitation order weekend (i.e. 1st, 3rd or 5th).  If you do not have  a special provision in your order for Halloween, then without an agreement, you will not get Halloween this year.  I would suggest working now on an agreement for that weekend.  Perhaps you could offer to give up one of your weekend nights in exchange for Halloween night.

If you reach agreements, get it in writing.

Have a good October!

ten ways to make divorce or separation easier on children

Friday, July 22nd, 2011

I read a post from the South Carolina Family Law Blog about ways to make divorce or separation easier on children.  I’d like to share that with you (modified a bit with my personal observations).  There is no way that the children will not be impacted negatively by divorce or separation, however there are things that you can do to minimize the trauma:

  1. Do not discuss the divorce with your children, regardless of their age. This includes discussions within ear shot of your children.  Guaranteed that any information discussed, and overheard by your children, will make your children feel guilty or sad.
  2. Do not use your children as messengers. Communicate with the other parent like an adult.  If the other parent is acting like a child then communicate through official procedures that can be tracked (i.e. certified mail, hand delivered items through a deliver company, etc…).  There are many other ways to communicate than through your children.  Again, if you are doing this, you are devastating your children, whether they show it or not.
  3. Never speak poorly about the other parent. If you need to vent, do it when the children are no where around.  Otherwise, speak positively about the other parent in front of the child and remind them that the other parent loves them very much.  No matter how painful that might be for you, you are an adult, suck it up.  You don’t like going to the dentist, but you do it (I hope).  Which is more important, your teeth cleaning or your children?  As Nike says – “Just Do It”.  Bottom line, if you draw a line in the sand and force the child to choose sides, it may not be your side.
  4. Never speak poorly about the other parent’s new partner. Think of how much time that person will be spending with your child.  Do you want them on your side or against you?  You may not be able to control how they feel about you, but if they are the negative person and you are supportive of their position, who do you think your child will side with?  Be the bigger person.
  5. Don’t hide. Alert your children’s teachers, counselors, daycare providers and coaches that your child may be experiencing a difficult time. They can keep you up-to-date on how your child is feeling. People may work to keep your child upbeat and positive if they know he or she is troubled about a separated family.
  6. Don’t write scandalous or disparaging declarations about the other parent, their partner or any of their family members in your legal proceeding. The urge to write something mean is temporary, while declarations filed with the Court become public record. Consider that when your child turns 18 years old, he or she may go to the courthouse to read the file.  This is a GREAT point.  They will get curious someday and go look at that file.  What do you want them to hear you saying?
  7. Both parents should be independently responsible for their child’s health, welfare, safety and happiness. Make sure you have everything they need at your house. Don’t rely on the other parent to provide diapers, clothing or toys. Your child should ideally have almost everything at both homes.  Additionally, if your child brings something from the other house, send it back.  Again, you are an adult.  Act like it.
  8. Consistency is your child’s source of stability during this emotional time. Do not disrupt your child’s routine by removing them from any activities that make them happy.  Don’t discuss the financial costs of such activities with your child.  Include the other parent in activities of the child.  I can assure you that the best day your child will have post separation or divorce is when they both attend an event for the child and they are cordial.  Don’t you want to make your child happy?
  9. Don’t be ashamed to ask for help. You may have less income than ever before because you are paying child support or relying on the other parent’s income for support, but your children’s needs come first. You should not be embarrassed or too proud to request financial aid during this time. Try to keep life as normal as possible for your child, within your new means.
  10. Don’t give up! You are your child’s role model. As hard as it may be, stay focused. Your moods affect your child’s moods and behaviors. Children mimic their parents. You do not want your child to be sad, angry or resentful. If you dwell on the negative issues, then you are setting your child up for failure.

I read these in the post linked above, but the original article came from Alameda Family Law Attorney Tells Parents How They Can Make Divorce Easier on Their Kids by Gina Mariani.

interesting post on recent studies in divorce

Friday, July 15th, 2011

There was an interesting post on the South Carolina Family Law Blog about recent studies to determine possible causes of divorce.  In a nutshell, the five studies found that:

  1. Unemployment by men increases risk of divorce while unemployment by women had no major effect;
  2. The rural population is rapidly catching the urban population in divorces;
  3. Long commutes to work could increase the risk of divorce;
  4. Sports fans may be at a higher risk of divorce when the spouse has no interest in the sport; and
  5. Video games could contribute to divorce.

There is a pattern here.  If you do not spend enough time with your spouse you could be looking at the possibility of divorce.  If you fall into any of these categories, or others that monopolize your time, sit down and think long and hard about how much time you are spending with your significant other.  If you find that the answer is “not a lot”, then I suggest you set aside time for them much like you find time for the other activities otherwise those activities might show up on the “causes of divorce” studies.

The post linked above was a guest post from Charles Sipe, Executive Editor of Criminal Justice Degree Schools.

may visitation and the Texas standard possession order

Friday, April 29th, 2011

The month of May is relatively simple in terms of Texas standard visitation.  The weekend periods of possession are Friday, May 6th for a mother who is not the custodial parent and Friday, May 20th.  All the Thursdays (or Wednesdays) should be standard this month unless your child is in a school that lets out for summer break this month.  In that case, any Thursday following dismissal will not apply as Thursdays are only during the school term in a Texas standard visitation order.

Sunday, May 8th is Mother’s day.  If the child’s mother is the custodial parent then she will get this weekend even if it is the Father’s first Friday of the month.  Mother’s day takes precedent over a standard weekend visit.

Memorial day is the custodial parent’s weekend so there should be no issues as to an extended weekend due to a Monday holiday.

As I said, pretty simple! :)  As always, if you have general questions please comment.  I will do the best I can to answer them as quickly as possible.  Check out my newly refreshed and designed website at www.chrislawyer.com.  Ain’t it perty?

april and the standard visitation order

Friday, April 1st, 2011

It’s April and since there have been no showers (in Dallas) will there be no flowers?  I know, dumb.  Today will be the first weekend visitation for you non-custodial parents in Texas as it is the first Friday of the month.  Your next weekend will be April 15th (second Friday of the month) and then April 29th (5th Friday of the month).  It is going to be a great visitation month!

Thursdays should be standard all the way through the month.  The only holiday this month is Easter weekend.  Unless you have a specific provision for Easter in your decree, it will be the custodial parent’s weekend.

April is the month of notices in a Texas possession schedule.  If you are the non-custodial parent and you wish to pick your extended summer visitation, you will have to have given notice by April 1st of those dates.  If you do not give notice you will get July 1 beginning at 6:00 p.m. and ending on July 31st at 6:00 p.m.  The custodial parent has until April 15th to designate one weekend inside the extended summer visitation that they can exercise.  This weekend begins and ends at 6:00 p.m. on Friday and Sunday respectively.  If they do not designate by April 15th, they lose that weekend.

The final April notice date is again April 15th.  If the custodial parent gives the other parent notice by April 15th they can pick one weekend that would have otherwise been the non-custodial parent’s weekend OUTSIDE the extended summer possession.  The difference between this notice and the one just above is that if notice is not given by April 15th, they still can give notice throughout the summer if given 14 days in advance.

I think that just about covers it.  If you have any questions, feel free to enter them in the comment section and I will try to answer them the best I can.

 

Something to consider when spying on your spouse

Thursday, March 24th, 2011

If you are wondering whether you should check your spouse’s email, install spyware, or open their mail in a divorce case consider this:

Man charged in electronic spying case

By Isadora Vail | Thursday, March 17, 2011, 04:54 PM

An Austin man has been charged with felony unlawful interception of electronic communication after he installed spyware on his estranged wife’s computer, according to an arrest affidavit.

Police say Karl Dalley, 41, was looking at e-mails and photos on Kristin Dalley’s computer, as well as telephone records on her cell phone. The affidavit said Kristin Dalley contacted police after Karl Dalley had mentioned several things that he would have not known if he had not gone through her personal e-mails.

She confronted Karl Dalley and he admitted to installing spyware on her personal laptop, saying it was to keep an eye on their children, the affidavit said. It also said that state and federal law makes the monitoring of non-consenting adults illegal in most cases.

A search of Karl Dalley’s home computer showed two different purchases of the spyware and personal e-mails belonging to Kristin Dalley, according to the affidavit.

Karl Dalley faces up to 20 years in prison and a $10,000 fine if convicted. He was charged Thursday and his bail was set at $15,000. Records show he was not in the Travis County Jail.

This is a most concerning because it is a Texas Case.  Bottom line, consult a divorce lawyer before taking matters into your own hands.