Posts Tagged ‘Divorce’

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.

february and standard visitation

Tuesday, February 15th, 2011

Wow, I have been a bad blogger!  With the ice apocalypse in Dallas this year, I got a bit behind.  Hopefully everyone survived without my extremely insightful and brilliant posts.  :)

February 4th was your first weekend visit this month if you have a standard visitation order.  Your other weekend possession this month will be this Friday, the 18th.  Thursdays (or Wednesdays on some old orders) are pretty standard this month as well so you should get each of those.

President’s day falls on the non-cusotdial parent’s weekend this month so that weekend will extend the return time (depending on your order – if you have standard visitation it will) to either return to school on Tuesday morning or Monday at 6:00 p.m.  This only applies if you have the language in your decree extending the visitation for Monday holidays AND your child is actually out of school on that Monday.  You should already know if your periods of possession end by returning the child to school or if you return at 6:00 p.m. the day before they return to school.

That about wraps it up for this month.  Happy President’s Day!

Basics of Texas Divorce Law

Friday, January 14th, 2011

Wanted to give a shout out to my friend and colleague Michelle May O’Neill and her new book Basics of Texas Divorce Law.  You can find a copy on Amazon.com or you can visit her website The May Firm.

My blog was created to help the average person figure out Family Law in Texas and provide the best resources possible to help you find your answers.  This is one of those resources.

A peek behind the cover at the table of contents:

  1. Am I ready for Divorce?
  2. Attorney or no Attorney?
  3. The Divorce Proceeding.
  4. The Divorce Itself.
  5. The Division of Property.
  6. Alimony/Maintenance.
  7. Issues Related to Children.

I think this book is a great idea and I wish I had come up with it myself :)   If you are contemplating divorce, this would be a great first step.

But wait, that’s not all….Michelle also has an excellent iPhone app (did I already say that I wish I had come up with this?) that helps you prepare for divorce and estimate costs.  You can read about it and purchase it here or on iTunes.com.

You can follow Michelle’s Blog at dallastxdivorce.com.

Thanks for reading.

is it legal to record telephone conversations or intercept emails?

Monday, January 10th, 2011

A very common question in my practice is whether it is legal for a person to record telephone conversations or intercept emails from their spouse in a divorce.  As with most other areas of law, there are no hard and fast answers to every factual scenario only general guidelines.  I will start by addressing the recording of telephone conversations.

In Texas you can record a telephone conversation as long as one of the parties on the line knows they are being recorded.  That means you can record your conversation with your spouse because you know that you are being recorded.  You cannot record telephone conversations between two people if they do not know they are being recorded.  For instance, you cannot record your spouse’s conversation with their lover or sister or whatever.  That is wiretapping and can get you into some serious criminal trouble.

The next question that typically arises is whether you can record your wife or husband’s telephone conversation with your child? The general answer is yes.  Since a child is not old enough to consent to being recorded, the parent can consent for them.  If the parent consents to recording the conversation between the child and the other parent, then at least one party on the line knows they are being recorded.

As I stated above, however, these are general guidelines as every case is factually different.  You should always consult with a lawyer before embarking on a telephone recording campaign.  Factors such as phone calls to other states or out of the country could take this to a whole new level.  Be careful.  What is legal in Texas may not be legal in Arizona and if you are recording a conversation between a phone in Texas and a phone in Arizona you could open yourself up to criminal liability in Arizona.

The next topic is whether it is legal to intercept emails from your spouse.  Obviously you are not a party to the emails, otherwise you would have a copy.  This situation arises when you are snooping through your spouse’s email account.  Things get a little more dicey here.  It usually boils down to the spouse’s expectation of privacy and the availability of the email program and passwords, meaning was it a computer that everyone had access to in the house, was the password readily available, etc… No expectation of privacy then they become fair game, or do they?  There is a case out of Michigan where a husband was checking his wife’s gmail account from their home computer and she kept her passwords right next to the computer.  Did she have any expectation of privacy? Doesn’t sound like it.  However, that did not stop the District Attorney’s office from filing charges on him.  You can read more about this case in this MSNBC article.  What if you set up the spouse’s email software to forward you all emails they receive?  You may want to read this case on arstechnica.com.  What about key tracking software that sends a report of what was typed?  There is no easy answer to these questions.

Is it legal to record telephone conversations?  Sometimes.   Is it legal to intercept emails?  Maybe.  Consult a lawyer and be careful.  That is the best advise I can give.

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…