Archive for the ‘Divorce’ Category

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.