Archive for the ‘Visitation’ Category

january and the standard visitation order in Texas

Friday, January 7th, 2011

Happy New Year everyone.  January is upon us and the kids should all be back in school now.  With the holidays behind us we enter a few months of normal standard visitation weekend and weekday visitations.

The first standard visitation in January for most of you was likely last night, the Thursday visitation (unless you have an old order and it would have been Wednesday).  Thursday possessions should continue this month without interruption.  The first weekend is tonight (as it is measured by the first Friday of the month).  The third weekend will be January 21st and there is not a fifth weekend this month.

For some of your children, Martin Luther King, Jr. Day will be a holiday, but since it falls on an off weekend for visitation it should not be an issue.

Pretty plain month in terms of visitation.  Until next month…

december and standard visitation

Friday, December 3rd, 2010

The holidays are in full swing as we are wedged between Thanksgiving and Christmas.  I hope you all made it through Thanksgiving intact and didn’t put on to too much weight. :)

The weekend visitations begin tonight (or last night if you have Thursday overnights) December 3rd.  December 17th will be the next and last scheduled weekend visit as the 31st (5th weekend of the month) will be swallowed up by the Christmas holiday visitation.

The Thursday visits (or Wednesdays if you have an old order) will continue all month until you reach one that is within the holiday visitation.  There will be no more weekday visits this month following that as we will be in the Christmas holiday.

Under a standard possession order, this was the custodial parent’s Thanksgiving, so it will be the visiting parent’s Christmas.  The holiday will begin when the child is dismissed from school for the holidays or at some set time such as 6:00 p.m. Check your order.  It will continue through December 28 at noon (newer orders) or December 26 at noon (older orders).  The custodial parent will then have them until school resumes after the Christmas holiday.  Once they return to school you will return to the standard weekday and weekend visitation schedule.

In looking at the calendar I do not see any potential major conflicts or problems with the holiday schedule but that will all depend on when your particular school district lets out.  Even then it would probably only be the Thursday visit where it would arise.  If problems do arise, do something special for your kids this Christmas and work it out with the other parent. Don’t fight, don’t argue, just work it out this one time.

If you missed the post a while back about cooperative parenting from one of my readers you can read it here.

If I get too heavily distracted this December and don’t post…have a merry Christmas!

visitation and the holidays – practical tips

Thursday, November 4th, 2010

The holidays are rapidly approaching.  They can be joyous events or they can be the worst time of the year if you are in or recently completed a custody battle.  One of my readers, who has experience in these matters, has some great ideas on how to begin to heal the wounds and provides some good practical tips for the holidays:

Non-Wicked Step-Parenting For A Harmonious Family Life

My husband and I have a yours, mine and ours family.  I have sole custody of my two kids, ages six and eight.  We have a four year old together, and my husband has an eight year old son, also.  When he received primary custody of his son, it was the beginning of November.  That’s right before the holidays, and he and his ex-wife were not on friendly terms at all.  That holiday season was very hard on all of us; none of us was willing to be cooperative, or even civil, with each other.  We all became angry and argumentative over the smallest details of the custody order.

Five years later, we’ve learned a thing or two about working together and getting along.  Since then,  I’ve become the main person responsible for communicating with his ex-wife.  She and I get along well now.  So, I don’t mind being the middle woman, because our whole family is a lot happier when we don’t have any disputes over my step-son.

For all you newly divorced or separated parents out there, I know how stressful and sad it is to face the holidays with a court ordered schedule that’s probably not what you want.  In fact, you may be dreading negotiating the court-ordered holiday schedule.  You may be feeling a sense of loss over the idea of not having your child on the actual holiday.  Perhaps you wish that your ex would be open to some flexibility in the holiday (or even the regular) schedule.  The good news is that, by exercising a few simple strategies of kindness and consideration, you can greatly increase the likelihood that your ex will work cooperatively with you!  The following are some things I’ve learned over the last five years of navigating the Standard Possession Order alongside my husband.

1. Be the bigger person.

One of the hardest parts of sharing custody, at least in the beginning, is being nice to your ex. This is especially true if your ex is not so nice to you.  Nothing brings about bad blood like a custody battle, and if your separation is recent, you and your ex are probably still harboring a lot of anger and resentment toward each other.  At this point, it doesn’t really matter who’s right and who’s wrong; each  of you believes that you are right and neither of you is likely to change your mind about that.  And that’s irrelevant to the matter at hand; there is always more than one side to a story.  But if you want to make any progress toward getting your ex to agree to a change in the holiday schedule (or even the regular visitation schedule), you’re just going to have to let go of being right and be the bigger person.

Don’t engage in any arguing, accusing or nit-picking with your ex.  Be calm, polite and fair with your ex, no matter how much he or she may try to provoke you or how upset you may be with him or her.  If you don’t feel that you can be the bigger person right now, consider asking someone else to be the bigger person in your place; to be your “point person”.  Perhaps your new spouse/significant other or a relative can do pick up or drop off, or take calls from your ex.  This was my role in the beginning because they just couldn’t get along.  Now it’s just out of habit.

Turn these transactions with your ex into friendly, positive experiences during which small talk can take place and little tidbits about your child can be shared.  A cute story about something your child did or a quick overview of your child’s weekend goes a long, long way toward making the other parent see you (or your designated “point person”) as an ally and feel included.  If having a “point person” makes it easier for these positive exchanges to take place, then go for it!

2. Make a peace offering.

Once you and your ex reach at least a semi-peaceful relationship, it’s time to make a peace offering.  If you want your ex to work with you on occasional schedule changes, you need to demonstrate your willingness to cooperate and follow through with an agreement.  Whether you’re the custodial or non-custodial parent, find a little leeway in your visitation schedule to offer the other parent a “freebie”.  Maybe you can offer to drop your child off at a time when your ex would normally have to pick her up, or offer to meet your ex halfway if you don’t live near each other.  You might offer to let your ex pick your child up early, drop him off a little later, or allow your ex to take your child for a couple of hours on a special occasion.

Personally, I’ve invited my husband’s ex to our other kids’ birthday parties, I’ve taken my stepson to her children’s birthday parties, I’ve dropped in on her with my stepson when we just happened to be in the area anyway, and I’ve met her at various times and locations convenient to her.  I really don’t mind; the person who benefits the most from all my efforts is my stepson!

Make your peace offering something that your ex will appreciate, and then follow through with it.  This will demonstrate your ability to be reasonable and cooperative, and will prove that you keep your word.  Your ex will remember that and be more likely to return the favor.  In fact, give yourself a two or three “freebie” head start before you ask your ex to return the favor; especially if you are the custodial parent.  If you are the custodial parent, bear in mind that the non-custodial parent may resent your asking for even a small change to the schedule and may view it as a ploy to shortchange them out of some of their time with your child.  Keep the balance between “freebies” and requests slightly generous in your ex’s favor as a gesture of good will.

3. Ask humbly and you are more likely to receive.

When an occasion does come up where you want to ask your ex for a change to the schedule, ask well in advance and remember to ask politely!  Don’t demand or throw all of your “freebies” in his face as if he now owes you a favor.  A simple, humble, “Next month is such-and-such.  Would you mind if I picked Junior up a little early that day?” is all you need.  Don’t get angry or discouraged if your ex immediately says no; just let your ex know that you understand how important her visitation is, and you’re not trying to take that away from her, but it’s a special occasion and you would really appreciate it if she would consider your request.  You might give your ex some time to think about it and get back to you later.  You could also offer an even exchange; if you give me two extra hours, I’ll give you two extra hours.

The two most important points to remember are to mind your manners and not lose your temper!  Don’t blow all of your hard work in building a cooperative relationship by spouting off an angry or rude retort!  The minute you revert back to a hostile attitude, all or most of your progress will be lost and you’ll be right back where you started.  For example, I know of a father, and custodial parent, (ahem) who once negotiated with his ex-wife for several extra days with their son over the holidays, but became angry and rude with her when she decided that she wanted one more day before sending their son back home.  Naturally, she responded angrily and retracted her agreement.  Don’t let this happen to you.  Be willing to compromise and be appreciative of your ex’s cooperation.

4. Think outside the Standard Possession Order.

Whether you’re the custodial parent or the non-custodial parent, get on your ex’s good side by looking for non-traditional ways for your child to have contact with his other parent from your home.  Do you and/or your ex play video games online?  Let your child (if she or he is old enough) and your ex play online together.  You could allow your child to use your cell phone to send text or picture messages to her other parent, send emails from your account or chat via video conferencing.  My stepson especially loves online gaming with his mom and texting!

If you’re not equipped for some of those options, you can still have your child draw pictures to take to his other parent, write letters and mail them, or even send post cards.  Do you have a toddler or preschooler in day care?  If so, you may be familiar with the communication forms most day cares send home detailing your child’s day or week; you could also borrow that idea and keep a similar log of your young child’s activities to send to his other parent.

Facilitating communication between your child and her other parent this way not only racks up brownie points for yourself, but it benefits your child as well.  It sends the message that loving the other parent is ok and not a disloyalty to you.  Helping your child stay connected to your his other parent makes him feel happy, and using technology, especially, to do so makes your child feel cool and important.  Who doesn’t want that for their child?

5. Share your child virtually.

And speaking of brownie points, it never hurts to garner your ex’s alliance with photo-updates of your child.  Your ex will appreciate knowing what your child is doing, and seeing pictures of her smiling and having fun.  While you should always tread carefully where social networking websites are concerned, you can send pictures through email.  If frequency or file size are of concern, photo sharing websites are a great alternative to email.  Also, if you’re a blogger, you might consider sharing your blog with ex.  Of course, you should exercise the same precautions with your blog as you would with social media.

If all this seems like a bit much, you can use good, old fashioned snail mail or hand delivery to send pictures, samples of school work and other information.  The main thing is to include and inform your ex about your child is doing when they’re with you.  Wouldn’t it be great to receive the same from your ex?

Peace, At Last

One of the hardest parts of sharing custody is having some empathy for your ex, who loves and misses your child as much as you do.  In dealing with custody and visitation issues, it can be helpful to remember that these issues stem from the fact that you both love your child very much and because of that, this is just as painful for your ex as it is for you.  Fortunately, it’s within your power to make the situation easier by employing a little kindness and consideration.

It won’t happen overnight.  It took me the better part of year to win my stepson’s mother’s cooperation, and it was probably close to another year on top of that before she and my husband were on good terms.  So, don’t get discouraged; it’s definitely a process, but it pays off

november and standard visitation in Texas

Monday, November 1st, 2010

I hope everyone had an enjoyable Halloween.  November is here and it is a busy month when it comes to standard visitation in Texas.  We’ll start with the simple and move to the more complex:

The standard weekends this month are Friday the 5th and Friday the 19th (maybe, see below).  The Thursday (or Wednesday if you have an old order) possession will continue this month with the exception of Thanksgiving week.  It is the custodial parent’s Thanksgiving this year.

Now the difficult part.  Each school district exercises the Thanksgiving holiday differently.  Let’s first address the language in most orders.  Standard orders read like this:

“the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6:00 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years.”

If yours is a school district that dismisses school on the Tuesday or Wednesday before the holiday, then you will have the weekend of the 19th as a standard weekend visitation.

If your school district dismisses for the entire week then we have to look a little deeper.  Some schools dismiss on Wednesday, but have an inservice day on Monday and Tuesday (see the DISD Calendar).  That means that the child is out for the entire week.  If that is the case, when is the child “dismissed from school before the Thanksgiving holiday”?  This year the non-custodial parent would argue that it starts on Wednesday the 24th so they could have their weekend (extended by the Monday inservice day), while the custodial parent would argue that is starts on Friday the 19th so that they get that weekend as well as the holiday.

My first response is always that the parties should reach agreements on these types of issues.  However, I know that is not always possible.  So what is the answer?

I don’t know!  I think it depends on the wording on the school calendar.  In looking at the DISD Calendar I think the argument could be made both ways.  The custodial parent would argue that the whole week is designated a holiday and therefore it would begin the preceding Friday.  The non-custodial parent would argue that the calendar makes a clear delineation between the Thanksgiving holiday and the two inservice days.  By color coding them differently, the parent would argue that the Thanksgiving holiday does not start until the black highlighted section begins on the 24th and that the two white highlighted sections are inservice days extending their weekend per the standard order.

By contrast, look at the calendar for Grapevine ISD.  Theirs is highlighted the same throughout the week.  I think the custodial parent has the best argument here as it looks like the whole week is the Thanksgiving holiday.

Hopefully your school district makes it easy for you by letting out on Wednesday with no inservice days.  That is cut and dry.  If you are one of the unfortunate that have it the other way, be reasonable on both sides and save yourself a lot of grief.

october and standard visitation in Texas

Friday, October 8th, 2010

I was a little slow this month in getting the monthly standard visitation update done.  Hopefully everyone knew that their first weekend of the month was last weekend.  This is a pretty standard month for weekend and Thursday visits with the exception of a few items:

  • There is a fifth weekend this month and it begins on the 29th of October.  That is also the weekend of:
  • Halloween – Obviously halloween falls on the visiting parent’s weekend.  Be careful to check your order to see if there are specific possession times for this event.  While it is not common to put halloween in a standard visitation order, it is sometimes done so check your order.  If the parent with custody would like to have the child for a bit, be a good goblin and allow a few hours for some trick or treating.  That is DOUBLE CANDY  for the kids!  Won’t they be excited.
  • The other issue is Fair Day for those of you in the Dallas area.  Many schools will let the kids out for a Fair Day.  If that is on a Friday or a Monday, check your order well because a standard visitation order has a provision for extended weekends when Friday or Monday are a holiday for the kids.  If it is a Friday holiday your visitation will begin at the normal time it would on Friday, but on Thursday instead.  If it is a Monday holiday then your visitation will end on Tuesday at the time it normally would have ended on Monday.

Other than that, everyone should have standard Thursdays (or Wednesdays depending on how old your order is) this month and the weekends of the 1st, 15th, and 29th.

Happy Halloween and be safe out there with the kids.   Next month we will learn all about Thanksgiving visitation.  Fun!

september and the standard visitation schedule

Wednesday, September 1st, 2010

Alright, September is here, school is in full swing and we are back to our school time  standard visitation schedule.  September is a pretty straight forward month with the exception of Labor Day weekend.  Labor Day is following the first Friday of the month which is a standard weekend period of possession under the standard visitation laws.

You will pick up at your normal time (per your order), however your drop off time will change this weekend.  If you typically drop off at 6:00 p.m. on Sunday, then you will now drop off at 6:00 p.m. on Monday.  If you typically return to school on Monday morning, then you will return them to school on Tuesday morning.  This provision can be found at §153.315 of the Texas Family Code for a standard visitation schedule and extends the weekend because of the Monday holiday.

Weekend visitation rights will be on the 3rd of the month and ending as described above, and the 17th of the month with standard pick up and drop off per your order.  You will also have the right to each Thursday this month.

I can’t think of any other issues that could arise, but if you have any questions, please provide them in the comment section or contact me at the email to the right.

a few final points on the standard possession order in Texas

Thursday, August 12th, 2010

In previous posts I have discussed the various schedules that occur in a Texas standard possession order.  For review we have covered:

There have been other discussions on Texas standard visitation which you can access via “visitation” on the tags below.

To finalize the discussion I wanted to cover some of the other issues that arise in Texas standard visitation.

Agreements

One of the first paragraphs in a standard possession order states that the parties are free to agree on any possession order they like, but absent agreement it will be a standard possession order.  This is set out in §153.311 of the Texas Family Code.  This means that standard visitation is just a fall back for when the parties cannot mutually agree on visitation.  This is the legislatures way of trying to get the parents to work things out.

General Terms and Conditions

These are set out in §153.316 of the Texas Family Code.  It covers:

  1. Where the child should be dropped off at the beginning of the non-custodial or visiting parent’s possession.  This can be at the home of the custodial parent, at the home of the visiting parent, or some other location like the child’s school or a police station.  Check your order to determine where this is.
  2. If the possession is to begin at the time the child’s school is dismissed, then the child is surrendered at the school at the end of the school day.
  3. Where the child should be picked up at the end of the non-custodial parent or visiting parent’s possession.  This will typically be the opposite of the place in number 1., but can be at any of the three.  Check your order.  NOTE: All transfers are to take place at these location.  If no agreement has been made to modify these provisions, this is where you must pick up and drop off.
  4. If the possession ends when school resumes, the visiting parent will return the child to school at the beginning of the school day.
  5. Each party is supposed to return the child with the clothes and items that they brought.  You cannot imagine what a big issue this can become, or maybe you can.  The provision is simple…what the child comes with, the child goes home with.  Do the clothes have to be washed?  No, it does not say that.  You simply must return those items with the child.
  6. Each party can designate a competent adult to deliver the child.  This means that a parent can pick an adult to transfer the child pursuant to numbers 1. and 2. above.  If your order does not specifically restrict someone, then they can choose any competent adult.  If you disagree with the adult’s competence, you will have to go to court.  This provision is for pick up and drop off only.  This provision does not mean that the parent can designate a person to visit with the child while the visiting parent is not there.  Visitations are set up for the parents.  However, there are circumstances where a parent can allow others to visit with the child (grandparents, new wife and family, etc…)  This may be the subject of another post.
  7. Each parent shall give notice to the other parent in possession of the child if they will be unable to exercise visitation of the child.  This notice should be in writing if possible.  This is probably the most ignored provision of a standard possession order in Texas.  You shouldn’t ignore it because if it happens enough (no notice given for missed possessions) it can be grounds to take away visitation rights.
  8. Send it in writing as soon as possible.  This can include an email.
  9. If possessions begin or end at school, and the parent will not be able to get the child from or to school, you must notify the other parent so that proper arrangements can be made.  Nothing will get you in trouble faster with the court than a child missing school.

The above is a general summary of some of the additional rules in a standard possession order in Texas.  My comments are not all inclusive and there are many fact scenarios that I did not cover.  If you are having problems with any of these, contact a local attorney and discuss it with them.

august and the Texas standard possession order

Thursday, August 5th, 2010

It is August and time to discuss important upcoming dates in the Texas summer standard possession order.  Before we begin however, I need to address an issue that arose in July at the end of the extended summer period of possession.

There was an anomaly this year where the 31st of July fell on a Saturday in a fifth weekend.  I have looked forward on my calendar and do not see this situation arising again anytime in the near future.  As a brief refresher, the parent with visitation get their standard first, third and fifth weekends during a Texas summer.  However, those summer weekend periods are trumped by the default 30 day extended summer visitation from July 1st through July 31st.  So what happens when the 31st of July falls on a Saturday in a fifth weekend?

I don’t know.  That is the simple answer.  I am of the opinion that there are no weekend visits in the month of July because they are overwritten by the extended summer possession.  Since the fifth weekend begins on Friday, July 30th, it is overwritten or erased from the board as it is within the extended Texas summer possession.  Otherwise, where does it state in a standard possession order when the visitation starts on a Saturday?  There is no continuity or logical flow of the order as with all the other sections of the standard possession order.

For instance, in July 2015, the 31st of July falls on a fifth Friday of the month.  The extended Texas summer visitation ends at 6:00 p.m. on that Friday and a weekend possession begins at 6:00 p.m. on a fifth Friday.  There is a logical flow to this and the fifth weekend would apply in this situation.

Now that I have stated my position, let me say that apparently I am in the minority on this issue.  Most attorneys feel that the weekend does apply since it is a fifth weekend, regardless of the day it begins.  So there you go…there is no good answer that I have seen.  Bottom line, just work it out with the other parent.  It is not worth the stress and hassle for an extra day of visitation.

Now, on to August.  Most likely Texas summer visitation is over (and it may have ended with a bang as seen above) and we are now looking at our standard weekends, the beginning of school, and the weekday visits beginning again.  The standard weekends are August 6th and August 20th (Fridays).

If your child’s school begins this month, you will begin exercising your weekday visitation which is typically Thursdays.  However, read your order because it may be another day.  If your child’s school begins on the 23rd of August, that will follow a third weekend of visitation.  It seems another issue may arise with the way these days fall.  If you return your child on Sundays during the summer but return them to school on Mondays following weekends during the school term, what do you do?

It seems to me that the reason you would return them on Sundays during the summer is because they are not in school and there is no place to return them on Monday.  However, if school is in session following your weekend you should be able to return them to school.  But, when the weekend began it was still summer!  I don’t have the answer to this, and my argument here may be in conflict with my argument above for July.  Who knows!  Just work it out with the other parent.  It is not a big deal.

That is it for August.  Enjoy the rest of your blistering Texas summer!

visitation for young children under three years of age

Wednesday, July 28th, 2010

A reader asked that I address Texas visitation for children under three years of age.  Obviously anytime you are in a divorce in Texas or other custody case, young children present an interesting issue.

The Texas Family Code, Section 153.254 addresses this topic.  The statute basically says that the Court shall enter an appropriate order for children under the age of three years old.  It goes on to say that it is presumed that when the child turns three years old a standard possession order will be entered.

What does this mean?  It means that the court is not bound by the rules for a standard possession order for Texas visitation when a child is under the age of three.  Does it mean that in every case with a child this young that the court will not order a standard possession order?  No.  The key phrase in the statute is an “order appropriate under the circumstances”.   There are many factors the court could consider in making this determination:

  • The age of the child
  • The emotional health of the child
  • The involvement of each parent in the child’s life
  • The abilities of each parent to properly care for the child
  • The length of time the parents have been separated
  • The distance between the parents if separated
  • The parent’s ability to work together on behalf of the child, and
  • A million other factors, or none of them

Dependent upon how these questions are answered will determine whether the court enters a special order for a child under the age of three.  In my practice I often see the courts modify only the summer possession of a standard possession order because of the extended period (up to thirty days if the parties live within one hundred miles of each other) the child would be away from one parent.  All other provisions for weekends and holidays remain the same.

As with all other child related divorce issues, the court has broad discretion to enter orders that are in the best interest of the child.  With a child under the age of three, the discretion of the court grows.  To know how a court will address each specific case is impossible, but hopefully this will shed a little light on the issue.

expanded standard visitation in Texas

Tuesday, July 20th, 2010

What is expanded standard visitation?  The statutes governing expanded standard visitation can be found at Section 153.317 of the Texas Family Code.  To understand expanded standard, you must first understand standard visitation.

A discussion of a standard visitation order for Texas can be found here:

Expanded standard visitation simply adds time on to the standard possession order.  You can elect to add time on to the following times:

Weekend periods of possession, pursuant to §153.317(a)(1)(A) and (B) provides that you can pick up the child when school is dismissed on Friday and/or return the child when the child’s school resumes the following Monday.

Thursday periods of possession, pursuant to §153.317(a)(2)(A) and (B) provides that you can pick up the child when school is dismissed on Thursday and/or return the child when the child’s school resumes the following Friday.

Essentially this creates uninterrupted visitation from the end of school Thursday through the following Monday morning for a parent’s weekend possession.

There are more time available for holiday periods of possession and for extended weekends due to holidays.  These can all be found at §153.317 of the Texas Family Code.

If you notice above, I used the word “elect” for determining when these apply.  Under the code, the parent exercising visitation can “elect” these additional times provided as follows:

  1. The court finds that the expanded standard visitation times are in the best interest of the child; and
  2. The election is made before or at the time that the visitation order is entered; and
  3. The election is written and filed with the court or an oral statement is made in open court (i.e. at a hearing) on the record (a court reporter typing).

What does all that mean?  It means that if you are in a current lawsuit over a visitation order, and the court is ordering a standard possession order, you can elect to have any of the expanded standard visitation times set out in §153.317 if you file a written request with the court or request it at a hearing on the record, and the court thinks it is in the best interest of the child.

The important notes are that the person exercising visitation gets to choose, and that there must be a current lawsuit pending regarding visitation.  You cannot make these elections after an order is entered.