Comments for The Dallas Divorce Blog http://chrislawyerblog.com Family and Divorce Law in Dallas and Collin County, Texas Thu, 17 May 2012 20:08:05 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on April and the standard possession order by Chris Schmiedeke http://chrislawyerblog.com/2012/03/april-and-the-standard-possession-order/comment-page-1/#comment-75773 Chris Schmiedeke Thu, 17 May 2012 20:08:05 +0000 http://chrislawyerblog.com/?p=612#comment-75773 You have to follow the court order. If you cannot, you need to modify it. You have to follow the court order. If you cannot, you need to modify it.

]]> Comment on how does the court handle child support when the parents are splitting custody of the kids? by Chris Schmiedeke http://chrislawyerblog.com/2010/05/how-does-the-court-handle-child-support-when-the-parents-are-splitting-custody-of-the-kids/comment-page-1/#comment-75772 Chris Schmiedeke Thu, 17 May 2012 20:04:56 +0000 http://chrislawyerblog.com/?p=328#comment-75772 Typically the court will approve agreements on child support when there is a 50/50 situation. You would be best to check with a local attorney to better understand the rules with regard to child support in a 50/50 situation when there is not an agreement. Typically the court will approve agreements on child support when there is a 50/50 situation. You would be best to check with a local attorney to better understand the rules with regard to child support in a 50/50 situation when there is not an agreement.

]]> Comment on april and the standard visitation order by Chris Schmiedeke http://chrislawyerblog.com/2011/04/april-and-the-standard-visitation-order/comment-page-1/#comment-75771 Chris Schmiedeke Thu, 17 May 2012 20:03:15 +0000 http://chrislawyerblog.com/?p=570#comment-75771 Your question is a bit confusing. Under a standard possession order, the custodial parent can pick ONE weekend inside the non-custodial parent's extended summer possession (thirty days) and they can pick ONE weekend outside the extended summer possession that would otherwise be the a weekend for the NCP. If I read your post correctly, one of her weekends (July 27) is within your thirty day period and one weekend (July 6th) is outside your thirty days and would have otherwise been your weekend. If you still do not understand, you will need to have an attorney review your order. Your question is a bit confusing. Under a standard possession order, the custodial parent can pick ONE weekend inside the non-custodial parent’s extended summer possession (thirty days) and they can pick ONE weekend outside the extended summer possession that would otherwise be the a weekend for the NCP.

If I read your post correctly, one of her weekends (July 27) is within your thirty day period and one weekend (July 6th) is outside your thirty days and would have otherwise been your weekend.

If you still do not understand, you will need to have an attorney review your order.

]]> Comment on April and the standard possession order by Chris Schmiedeke http://chrislawyerblog.com/2012/03/april-and-the-standard-possession-order/comment-page-1/#comment-75770 Chris Schmiedeke Thu, 17 May 2012 19:58:06 +0000 http://chrislawyerblog.com/?p=612#comment-75770 The notice that is required is that it is mailed to the correct address by the deadline. Whether they pick it up or not is irrelevant as long as you have the right address. It sounds as if you have met your notice requirements. To assure that they are aware of it, go ahead and send by first class mail right now, and via email if each of you has it and you can even stick it on the door. If the visitation is denied, you will show the court where you sent it properly (which is enough to get them in trouble), but you can also show court all the other ways you notified them. Most certainly a judge would find them in contempt. Talk to a local attorney and get their opinion on how the judge would react. Good luck. The notice that is required is that it is mailed to the correct address by the deadline. Whether they pick it up or not is irrelevant as long as you have the right address. It sounds as if you have met your notice requirements. To assure that they are aware of it, go ahead and send by first class mail right now, and via email if each of you has it and you can even stick it on the door.

If the visitation is denied, you will show the court where you sent it properly (which is enough to get them in trouble), but you can also show court all the other ways you notified them. Most certainly a judge would find them in contempt. Talk to a local attorney and get their opinion on how the judge would react. Good luck.

]]> Comment on difference between joint and sole managing conservatorship in Texas by Chris Schmiedeke http://chrislawyerblog.com/2010/12/difference-between-joint-and-sole-managing-conservatorship-in-texas/comment-page-1/#comment-75769 Chris Schmiedeke Thu, 17 May 2012 19:54:24 +0000 http://chrislawyerblog.com/?p=527#comment-75769 You have to follow the order. That simple. You have to follow the order. That simple.

]]> Comment on texas standard possession order de-mystified – thursday possession by Chris Schmiedeke http://chrislawyerblog.com/2010/03/texas-standard-possession-order-de-mystified-thursday-possession/comment-page-1/#comment-75768 Chris Schmiedeke Thu, 17 May 2012 19:53:31 +0000 http://chrislawyerblog.com/?p=84#comment-75768 That depends on the mother. Could it be a hassle, yes. Do you need to do it, yes. That depends on the mother. Could it be a hassle, yes. Do you need to do it, yes.

]]> Comment on Texas divorce decrees by Chris Schmiedeke http://chrislawyerblog.com/2010/06/texas-divorce-decrees/comment-page-1/#comment-75767 Chris Schmiedeke Thu, 17 May 2012 19:52:45 +0000 http://chrislawyerblog.com/?p=412#comment-75767 Your order controls. If it does not mention it, then typically it is not required. Usually, in most orders, you do not need permission to travel within the United States, but you should provide notice and contact information as to where you will be traveling in the event of an emergency. Your order controls. If it does not mention it, then typically it is not required. Usually, in most orders, you do not need permission to travel within the United States, but you should provide notice and contact information as to where you will be traveling in the event of an emergency.

]]> Comment on April and the standard possession order by Chris Schmiedeke http://chrislawyerblog.com/2012/03/april-and-the-standard-possession-order/comment-page-1/#comment-75766 Chris Schmiedeke Thu, 17 May 2012 19:50:56 +0000 http://chrislawyerblog.com/?p=612#comment-75766 There is no easy answer to that one. Orders are what control and they say 6:00 p.m. However, there needs to be some flexibility as well. If you are up front and tell them in advance the situation, then they should modify accordingly. Do they have to? Not per the court order. Some judges will modify the terms of a possession order and or add possession makeup time when one parent is completely inflexible in occasionally moving visitation times. Talk to an attorney in your area about it and they can help you with the litigation steps should they become necessary. There is no easy answer to that one. Orders are what control and they say 6:00 p.m. However, there needs to be some flexibility as well. If you are up front and tell them in advance the situation, then they should modify accordingly. Do they have to? Not per the court order.

Some judges will modify the terms of a possession order and or add possession makeup time when one parent is completely inflexible in occasionally moving visitation times.

Talk to an attorney in your area about it and they can help you with the litigation steps should they become necessary.

]]> Comment on visitation for young children under three years of age by Chris Schmiedeke http://chrislawyerblog.com/2010/07/visitation-for-young-children-under-three-years-of-age/comment-page-1/#comment-75764 Chris Schmiedeke Thu, 17 May 2012 19:47:35 +0000 http://chrislawyerblog.com/?p=460#comment-75764 Depends on what your order says. The order controls visitation. Depends on what your order says. The order controls visitation.

]]> Comment on summer visitation in Texas by Chris Schmiedeke http://chrislawyerblog.com/2010/05/summer-visitation-in-texas/comment-page-2/#comment-75763 Chris Schmiedeke Thu, 17 May 2012 19:46:57 +0000 http://chrislawyerblog.com/?p=321#comment-75763 That is tough to say without looking at your order. If the NCP did not designate extended summer possession, then they get July 1 - July 31st. They get every weekend that month under a standard possession order. Under that standard order, if they do not pick up the child on the 1st they waive the entire visit and weekends would resume in August. If that is the case with your order, I still suggest you work something out where they can visit in the month of July. It is best for the kids. You should address your questions to an attorney whom you pay to review your order and advise you. That is tough to say without looking at your order. If the NCP did not designate extended summer possession, then they get July 1 – July 31st. They get every weekend that month under a standard possession order. Under that standard order, if they do not pick up the child on the 1st they waive the entire visit and weekends would resume in August.

If that is the case with your order, I still suggest you work something out where they can visit in the month of July. It is best for the kids. You should address your questions to an attorney whom you pay to review your order and advise you.

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