New Requirement for Summer Possession Notice

For all standard possession orders entered after September 1, 2019, a new requirement has been added for notice.

As normal, the non-managing conservator under the standard possession order will have a period of extended summer possession (30-42 days).  The managing conservator can request a period during that extended time when they can visit with the child.  However, the managing conservator must pick up the child(ren) from the possessory conservator and return the child to the possessory conservator.

Now under the new notice requirement of HB 553, the possessory conservator must now also give the managing conservator 15 days written notice of where they can pick up the child.  The new law says:

"153.312(C) Parents Who Reside 100 Miles or Less Apart-
(c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during with the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child."

So for example, John and Mary are the parent of Joseph.  They live less than 100 miles apart. Mary is the "managing conservator" because Joseph lives primarily with her and John is the "possessory conservator" because he has regular visits with Joseph.  They have a standard possession order for visits which means that in addition to his weekend visits and certain holidays, John has a 30 day period during the summer break when Joseph will be with him.  Normally this will be the month of July (unless John picks a different 30 days and sends written notice to Mary by April 1).

Thirty consecutive days without seeing a parent is considered a long time by some and may be difficult for the child to go that long.  So under the Standard Possession Order, if Mary gives John written notice by April 15, she can pick up Joseph for one weekend- HOWEVER, it is SHE who must pick up AND drop off from John- not necessarily at his house, but where ever he happens to be.  What this means is that if Mary wants her summer weekend, she must be willing to travel wherever John is with Joseph over the summer to pick up Joseph  on Friday and drop off him off again on Sunday at that same location .  What if John and Joseph are on a camping trip at Yosimite?  Yup, that means Mary must pick up Joseph at Yosimite and return him to Yosimite if she wants her weekend visit.

Apparently there has been a change in the law to attempt to fix a problems that comes up with this.  What if John refuses to tell Mary where he will be during his 30 days with Joseph?  Former he was not required to.  If he doesn't however, that effectively prevents Mary from exercising her right to a weekend visit.  With this new law, the Texas Legislature has plugged this gap in the SPO order by adding a requirement of John that if Mary sends him timely written notice that she wants a weekend during John's extended summer visit with Joseph, then John must now give Mary 15 days written notice prior to Mary's weekend of where he intends to be with Joseph during that weekend.  This will allow Mary to make arrangements to pick up Joseph for her weekend.

I think the requirement is necessary to protect the managing conservator's right , but I also see how it puts a burden on the possessory conservator.  What if John and Joseph are just traveling in an RV and don't have a set agenda, and want to visit a different city than originally planned, or are delayed from arriving at a certain place due to weather or other event out of their control, or what if John just changes his mind about the trip?

Again, this new notice requirement applies only to orders rendered after September 1, 2019.  People with orders prior to that do not have the added notice requirement.

The Palmer Law Firm practices exclusively in the area of Family Law litigation in Harris and Galveston Counties, Texas.  If you have any questions about your possession order, or other issues regarding your legal rights and duties to minor children, in Harris or Galveston counties, Texas, please visit our website at www.thepalmerlawfirm.com or call us at 832-819-3529.

"We Can't Protect Your Heart, But We CAN Protect Your Rights."- THE PALMER LAW FIRM

The Duty to Protect Your Children

A parent has the right and the duty to protect his child and the child's future from harm. If you're involved in a custody dispute in Harris or Galveston County, Texas you must use the local family court system to assert this right and fulfill this obligation. A parent who becomes aware of dangerous behavior or damaging influences that threaten the children's physical safety or emotional well-being can ask the court to protect the children by removing them from the source of the immediate or potential danger. A court ordered award of sole custody or the severe restriction of visitation rights are the standard methods for ensuring children's safety. These actions may be taken if the court is shown clear and convincing evidence that the children are seriously endangered by parent’s lifestyle, or parents behavior, or the environment in which here it forces the child to live.

Documented cases of child abuse in any form meet the court systems serious endangerment standard. Physical, emotional, or sexual mistreatment of a child is child abuse.

"A parent who becomes aware of dangerous behavior or damaging influences ...can ask the court to protect the children by removing them from the source of the immediate or potential danger."

Physical abuse is any action that inflicts grave physical damage, even if the injury is temporary. Corporal punishment that causes bruising, bleeding, or burning is physical abuse. So is the denial of food, water, shelter, or medical treatment. Well the difference between acceptable physical discipline and physical abuse has never been defined in law, most courts and most parents know when the boundary between the two has been crossed.

Emotional abuse includes derogatory language and parental conduct calculated to destroy or seriously undermine a child's dignity and self-esteem. Constantly berating a child, humiliating a child in the presence of family, friends, or teachers, or isolating the child from the outside world for extended periods of time are examples of emotional abuse. Relentless insults or mockery are other forms of this destructive behavior.

The legal definition of sexual abuse encompasses virtually all actions involving a child intended to lead to the sexual gratification of either the child or a participating adult. While the most common forms of sexual abuse are outright sexual acts such as fondling, intercourse, oral copulation, this category of child abuse may also Include placing the child in sexually compromising positions, using the child to produce pornography, requiring the child to wear seductive clothing, and indulging in forms of physical discipline more commonly associated with adult sexuality than parental behavior. Whether the child consents to sexual activity or is forced to participate is irrelevant in determining if sexual mistreatment has occurred.

Neglect may also constitute serious endangerment courts have revoked custodial rights of parents who have left young children alone for hours or days parents whose primary meal planning function has been leaving paint chips within easy reach; Parents who fail to treat, or even notice, the serious physical or mental illnesses of a child ; And parents who have been unable or unwilling to provide a clean, warm room for their children to sleep in.

Elements of a custodial parent’s lifestyle may be judged dangerous, or potentially dangerous, to a child, even if the child is not directly involved in that lifestyle. And lifestyle that brings potentially harmful relationships into a child's life, for example can be considered to be dangerous enough to warrant removal of the child.

Source:  Father’s Rights by Jeffery M. Leving

Child Preference for Managing Conservatorship

There seems to be a lot of misconceptions about what the Texas Family Code says about allowing a child to express their preference about who will be the managing conservator.

In Texas, a child over the age of 12 may file with the court in writing the name of the person whom they have preference to determine the primary residence and make other significant decisions.

Although a court may give this preference serious consideration, the court is not bound by it.

Additionally, in nonjury cases, the court is empowered to interview a child of any age in the judges chambers and without parents or their attorneys being present. (TFC 153.009).

If a child is over 12 and one of the parties request it, a record of the interview shall be made and included in the record of the case.  If the child is under 12, the court can determine if the interview will happen.

10 Tips for Newly Single Fathers

After you have won a custody suit, there is often a period of adjustment.  You and your children may be in a much better situation now that you have won your suit, but your family will be facing a whole set of new challenges in the days, weeks and months ahead.   Here is some practical advice on making that transition easier.

Tip #1:  Don't try to be be a Super-Father.

As much as you want to be, you can't be all things to everyone. Being a single parent means that you are trying to maintain a household with less resources of time and energy.  Something has to give. Usually that will have to be work.  Whether it was part of your life plan or not, you have accepted the role as a single father.  Usually this means that your career path will not be the same.  Don't fall into the same frustrating trap that many feminists fell into in thinking you can be a great father and still keep up with men who can devote all their time to work.  Something has got to give.

Tip #2: Consider talking to your boss.

You may want explain to your boss your new living situation.  In some cases, this may make things easier for you. Consider your situation before you do so though.  There are a few places where the boss will think a single parent makes a bad employee.  But you will find this less often than ever before.  Convince your boss of your commitment to the job and you may find they will be more flexible if they know you are a single parent.

Tip #3:  Don't make any major work changes.

If you can avoid it, don't make any dramatic changes to your career or work schedule.  You should give yourself some time to adjust to your new lifestyle and if your work situation is in transitional chaos, you will feel overwhelmed.

Tip #4: Inform your children.

If they are old enough, explain to your children about the demands of your work.  Assure them that you are there for them and you want to be with them, but you also have to work to bring money in.  Explain it to them in a way that will not make them feel guilty for asking for your time.  They should understand that you are under pressure, but they should not feel they are the cause of that pressure.

Tip #5:  Define when you can contact your children.

If non-emergency calls are allowed at your work, then you are lucky, and your children can call you when they want.  But in any case, you should make your children understand when it is appropriate to call.  Explain the what is a real emergency and what is not. If you can call your children at a certain time, such as a lunch break, let your children know you will be calling them to check in.  Keep it consistent.

Tip #6:  Don't reinvent the wheel if you don't have to.

Chances are that you are not the only person at your work who is in a similar situation.  Talk with your co-workers.  Find out how they are handling their child care issues.  By asking a few questions, you may be able to tap into a whole network of resources you didn't know existed.

Tip #7:  Pick your day care -carefully.

No matter what your occupation or situation, you will eventually need day care for your child.  Your selection of day care is critical.  There are many options out there and you have to pick a center that make sense for you.  At a minimum, make sure the facility is licensed by the Texas Department of Family and Protective Services:  http://www.dfps.state.tx.us/Child_Care/Child_Care_Standards_and_Regulations/default.asp
Call the TDFPS to see if there are any complaints about the facility.  Ask to speak to other parents who use the center.  If possible, take your child there and see what his/her reaction is (although that should not be the determinant factor in choosing).

Tip #8: Keep your kids in the loop.

If old enough, let your kids know your work schedule and where you will be.  Try to avoid last minute meetings or sudden over-time.  It will reassure your children to know where you are and when you will be back.

Tip #9:  Teach your kids how to handle strangers.

Your children should know how to deal with callers or visitors when you are not home.  For example, they should not tell a stranger that you are not home, simply that you can't come to the phone right now.  No one should come to the house when you are not there, and they should not open the door at any time.  These rules should be in place even if you have a caretaker in your home.

Tip #10:  Be Firm, But Be Flexible

Be consistent with your rules, but be willing to renegotiate your rules as your children get older.