Dallas Divorce Law Blog by Michelle O'Neil

Christina Garcia, senior paralegal to Michelle May O'Neil, and her son unpack boxes on moving day.

On June 27, 2009, The May Firm experienced a huge milestone by adding a new partner Nathan T. Anderson and changing the name of the firm to O’Neil Anderson.  With this growth, the firm has relocated to Two Lincoln Centre, 5420 LBJ Freeway, Suite 500, Dallas, Texas 75240.  The firm’s phone number 972-852-8000 and fax number 972-852-8001 will remain the same.

The new firm’s website is www.oneilanderson.com and the new firm’s blog is www.dallastxdivorce.com.

“Change is inevitable.  Growth is intentional.”

Dallas divorce lawyer  Michelle May O’Neil presented at the University of Texas Continuing Legal Education Family Law on the Front Lines seminar in June 18, 2009, held at the Hyatt Regency Hill Country Resort in San Antonio.

Ms. O’Neil spoke on pretrial appellate remedies such as mandamus and interlocutory appeals in the family law context.  Specifically, she reviewed the standards pertaining to mandamus from the Walker case to Prudential and McAllen and discussed whether the standards for seeking mandamus have been loosened by these recent cases.  Further, she analyzed the standards for both statutory and permissive interlocutory appeals in the family law context.

The Texas Legislature has adjourned and made some changes to the Texas Family Code.  One of those changes involves the Texas Standard Possession Order.  As a Dallas Divorce Lawyer, I think it is important to know these changes. Keep in mind that the Governor has not signed the bill yet; so, there remains the possibility that he may veto the bill, although I do not find that likely.

HB 1012 clarifies the default time for the beginning and ending of a possession period to be 6:00 p.m.  Prior to this clarification, there were placed in the Texas Standard Possession Order that did not specify an exchange time or were unclear.  This makes it clear that the default time is 6:00 p.m. unless there is a specific statement otherwise.  To overcome this default time, a conservator may request the court to impose an alternate beginning and ending time, such as beginning at the time school is dismissed for the period of possession.  The court must accept the request for the altered time, unless the parent opposed to the time change shows a reason it is not in the child’s best interest.

Note, the parent making the election must do so when the order providing for the possession schedule is rendered. That means that the possession schedule will be set in stone (subject only to the agreement of the parties to deviate) when the order is entered.  Neither parent can make an election to change the time of exchange later.