reader assistance needed…

I don’t know how many of you out there have blogs.  My guess is not many.  Well let me tell you, it is tough to maintain a blog and come up with new content!  This post is a call to all readers…if you have any requests for things you would like to know about divorce or family law in Texas, please let me know either directly or through comments to this or any other post.  Additionally, if you have any suggestions on my site in general, please feel free to offer them.

The idea behind this is to generate general topics for discussion.  Please don’t send an email with specific facts of your case and ask me to solve YOUR specific problem.  Those types of things would be handled in another forum between an attorney and their client.

Thanks for reading, and thanks in advance for any ideas for topics you may have.

7 Responses to reader assistance needed…

  1. Victoria Garcia July 24, 2010 at 8:18 pm #

    My suggestions are:

    What can you tell us about visitation guidelines for infants and toddlers under the age of three?

    Can you discuss visitation for a father whose paternity has not been established until the child was 1-3, and thus far has not ever seen the child? Is there a protocol or general suggestions for making the experience positive for the child?

    Are there any laws regarding whose last name a child should have, in the event of a dispute between separated parents each wanting the child to have his/her last name? Can one parent or the other petition the court to change the child’s last name?

    What are the legal ramifications of not establishing paternity if the father does not/has never sought contact with the child (or mother)?

    What are the grounds for seeking sole versus joint custody/conservatorship? When can a parent seek sole custody? Can this be sought after joint custody has already been ordered?

  2. Concerned J. October 16, 2010 at 3:16 pm #

    In a previous blog you posted the following:

    “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.”

    I would like to hear more about this issue. In addition to the many other problems I am having with the NCP, he frequently has his parents pick up our children and has them use his periods of possession in his stead rather than notifying me that he is unable to exercise possession as the decree states that he should. I have allowed the children to go with the grandparents because the children would like to spend time with them, too, and they are safer with his parents than their own father, but am considering enforcement/modification due to safety concerns related to the father using firearms around the children while intoxicated, he often is not present during his periods of possession, will not call when he is late to pick up the children, has missed their birthdays causing one of the children to act out at school and is violating other permanent injunctions in place.

  3. Chris Schmiedeke October 20, 2010 at 11:45 am #

    There is a fine line between allowing the grandparents to visit versus giving up your visitation. I do not know where that line is in your case. However, you need to figure it out if you can, or hire an attorney to help you figure it out. There is nothing wrong with the grandparents seeing the child, but if it is all the time, then there is something wrong. Talk to an attorney and discuss your options and chances in a modification.

    Good luck.

  4. Concerned J. October 29, 2010 at 8:52 am #

    Modification concerns are primarily due to child safety issues the grandparents using his visitation in his stead is mearly an extra. Anytime a child has to be removed from the presence of their parent because the parent is too intoxicated to be safe, destroying property and getting into fist fights in front of the children there is a problem. When that problem involves shooting firearms while intoxicated around the children it is very serious. But how do you handle it when you know the NCP is encouraging the children to lie because they tell you that they don’t want to tell you that their father is drinking around them because they won’t get to see him for a long time.

  5. Lynda April 6, 2011 at 2:45 am #

    I have a question about child support and multiple jobs. If NCP is ordered to pay child support at court when they are not working, and later they begin working…they are required to report that. Well if that occurs and the CSD sends the withholding notice and that job is sufficient to cover the child support, what needs to occur if the NCP gets a second job? Can the NCP not report that or must he report that? The 1st job is paying the full amount of child support. And does the answer change if the 1st job does NOT cover all of the ordered support?

  6. Chris Schmiedeke April 20, 2011 at 7:20 am #

    A modification would need to be entered to include the income from the second job, otherwise he will pay child support based upon the current order regardless of how many jobs he has. Bottom line, the parent pays the child support that is ordered until another order is entered.

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