acheter cialis internet viagra bestellen pilule levitra levitra generique acquisto cialis generico cialis prescrizione achat tadalafil levitra senza ricetta levitra donna achete levitra viagra venta libre acheter tadalafil levitra donne acquistare viagra sildenafil venta libre clomid sans ordonnance acheter cialis pharmacie acheter cialis pas chere tadalafil generico cialis receta zithromax prix cialis meilleur prix viagra kosten comprar cialis generico levitra generico acheter du viagra kamagra vente viagra suisse kamagra rezeptfrei prix du cialis generique du cialis acquista viagra viagra europe levitra precio acheter accutane acheter cialis sur internet acheter propecia prezzi levitra viagra controindicazioni receta viagra cialis effet secondaire tadalafil rezeptfrei kamagra en france viagra prijs cialis ohne rezept impuissance erection achat cialis generique comprar levitra generica kamagra kopen compro sildenafil vendita levitra generische levitra remede impuissance achat cialis 20mg generische cialis viagra naturale vendo viagra cialis suisse viagra dosaggio cialis generico sicuro generique cialis cialis belgique propecia sans ordonnance achat vardenafil viagra farmacia levitra sur le net compra viagra acquisto viagra in contrassegno acheter kamagra oral jelly levitra farmacia viagra alternativo acheter cialis sans ordonnance farmaci impotenza levitra prescrizione cialis vente en ligne tadalafil venta cialis moins cher acquisto viagra senza ricetta impotenza sessuale cialis ordonnance achat viagra en ligne zyban generique viagra 50 mg kamagra oral jelly cialis bon prix traitement impuissance vardenafil generico venta de sildenafil achat de viagra sildenafil moins cher compra viagra generische viagra kamagra pharmacie cialis ricetta medica comprar viagra pela internet acheter prozac viagra acquisto online viagra europe acheter cialis en pharmacie acheter cialis france viagra 100 mg acheter levitra pas chere comprar tadalafil vardenafil generique compra levitra viagra recensioni levitra ohne rezept sildenafil generico viagra te koop cialis en pharmacie levitra venta libre achat pharmacie viagra effet secondaire acheter kamagra france compro viagra cialis prezzo venta de levitra levitra generico citrato di sildenafil costo viagra vardenafil bestellen levitra sans prescription commander cialis impuissance sexuelle levitra a vendre leivtra moins cher viagra versand cialis venta libre sildenafil bestellen cialis generique pastilla viagra

Archive for the ‘Possession schedule’ Category

New Law Regarding Standard Possession Order

Saturday, June 13th, 2009

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.

Parenting Time Adjustments to Child Support

Tuesday, February 10th, 2009

Someone recently wrote to me and asked me to post about my views on “parenting time adjustments to child support”.  The writer wasn’t very clear on what he meant by this, so I will just comment generally.  Side note, it is nice to hear from someone out there that actually reads my posts.  Sometimes it feels like I’m talking to the air.  :)

As a general rule, child support and parenting time are separate issues.  In other words, just because parent A refuses to allow parent B to see the child does not give parent B the right to stop making child support payments.  And, vice versa.

Texas has standard guidelines that are presumed to apply.  That refers to the standard possession schedule and the standard child support guidelines.  When a situation deviates from the standards, the court has discretion as to how to apply the guidelines. But, the analysis in each case begins with the application of the standard possession schedule and the standard guidelines for child support.  So, in a case where one parent has primary possession and the other parent has the standard possession schedule, it is presumed that the parent with the standard possession schedule will pay child support according to the standard guidelines (i.e., 20% for one child, 25% for two, etc.)

Child support can, however, be adjusted up or down based on the amount of time a child spends with each parent.  On the one hand, if parent B fails to exercise his or her parenting time, leaving parent A with 100% of the responsiblities of caring for the child, the court may award additional amounts of child support to parent A.

On the other hand, if parent A and parent B have a split of time that is roughly equal, the court may take that equal split in account in whether to apply the standard child support guidelines.  I’ve seen courts handle a 50/50 parenting time split in two ways.  First, where the parents make roughly equal incomes, I’ve seen courts call it “even” on child support and make no specific award.  Then, I’ve also seen it where there is a disparity of earning capacity between the parents.  In such a situation, courts will usually calculate what each parent would owe the other in a traditional scenario and net out the difference. 

The bottom line is that the judges have discretion to enter orders taking into account the child’s best interest — as the judge views the best interest.  A judge will almost never be wrong in applying the guidelines, even if the parenting time differs from the standard schedule.  Whether a judge is simply taking the easy route by applying the guidelines, or whether some other factors enter into the decision, the standard guidelines are presumed to apply.  Likewise, a judge will almost never be wrong for deviating from the standard guidelines where the possession schedule also deviates from standard. 

Hope that answers the question………….

Non Standard Possession in Dallas Divorces

Saturday, January 31st, 2009

For some parents, the Standard Possession Order does not fit with their situation or their children. Parents may either agree that an alternate schedule is in the best interest of the child, or a court may order a different schedule. For example, some parents choose to implement a plan where the child spends one week with one parent and the next week with the other parent. Other parents create more complex schedules for possession of the children. Even if the court enters a standard possession order, parents are still free to modify it by mutual agreement. So long as both the parties agree, there is no limit to the parties’ authority to change their respective visitation periods. Here are some suggestions for other non-standard possession schedules that divorce lawyers in Dallas Tx have used:

Equal possession, Week-on/week-off:

Under this type of schedule, the parents choose one day of the week to exchange the children, usually either Friday, Sunday, or Monday. So, every Friday the children will switch houses for the upcoming week. Some families prefer this situation, as it provides each parent the opportunity to spend a longer period with the child and to act as a parent in more of the normal parenting situations than weekend periods provide. On the other hand, some families find difficulty in this schedule because it requires more coordination between the parents on homework, doctors visits, extracurricular activity schedules, and other activities of the child.

Equal possession, 3/2/2/3:

Some children find that they miss the other parent during a week-on/week-off scenario, so a shorter but equal schedule works better. One suggestion for such a schedule would be the 3/2/2/3 schedule. Under this type of schedule, parent “A” would have the children for a three-day period, say Monday through Wednesday. Then, parent “B” would get two days, Thursday and Friday. Then, the children would return to parent “A” for Saturday and Sunday. The next week, parent “B” would get the 3 days, Monday through Wednesday. Then, parent “A” would get the middle two days; followed by parent “B” getting Saturday and Sunday. There are many variations of this type of equal schedule.

Teenager possession:

In some counties, judges will allow more vague provisions for possession of the child, recognizing the realities of teenager’s lives and preferences. Under such a scenario, the schedule would provide that the non-primary parent is allowed possession of the child at all such times as that parent and the child agree.

Child Under Three:

Children under the age of three present unique hurdles in crafting a possession schedule. Research shows that children between birth and the age of three have various developmental stages with regard to short-term and long-term memory. For example, a three-month old child will have virtually no long-term memory, so both parents need frequent contact with the child, say every day or two, so the child establishes a bond with both parents. However, such visits may be shorter in duration, say for a couple of hours, as the child’s attention span is shorter. As the child grows, the long-term memory and bonding become more established, allowing for longer periods at one time, with more time in between each visit.

Supervised possession:

On occasion, a parent may have issues such as substance addiction, domestic violence, or simply separation from the child, that suggest supervision of the parenting times may be warranted. In such situations, the supervised possession schedule will have to be very tailored to the individual circumstance. Usually, such supervised possession will occur during day-time hours on alternating Saturdays. Most often, judges appoint a facility to handle the supervision to ensure that the supervisor is trained in recognizing signs of inappropriate conduct. Sometimes, however, a judge will find an individual, known to both parties, that would be competent to act as supervisor. It is imperative, if the supervisor is an individual, that he or she be committed to protecting the child’s interest over and above the parent’s interest.

Stair-step schedule:

On occasion, there may be a situation where a parent has not seen the child for a period of time, requiring some adjustment schedule to allow the child to get used to the other parent. In such situations, a stair-step schedule can be used effectively to accommodate the child’s adjustment. For example, stage 1, lasting a couple of months, might involve a few hours during the daytime on a couple of days per month, like every other Saturday. Then, stage 2, for another couple of months, might provide the child spends the night with the non-primary parent overnight for those same days, every other Saturday overnight to Sunday. Stage 3 might progress to more of a schedule similar to the standard periods, beginning Friday at 6:00 p.m. until Sunday at 6:00 p.m. That stage might continue for another couple of months. Then, Stage 4 would progress to the Standard Possession Schedule.

Dallas Divorce Lawyers See Similarities to National Trends

Wednesday, December 17th, 2008

Dallas Divorce Lawyers note a similar trend to that in a recent Newsweek article.  Newsweek point to a trend nationally where divorcing couples are sharing equal time with their children as well as joint decision making.  The “standard” orders in a Dallas divorce involves parents making shared decisions regarding their children (such as what school they will attend or when to get braces) but the children live primarily with one parent and spend time with the other parent according to the Texas Standard Possession Schedule (current version 2008).  Increasingly, divorcing parents who are able to get along and co-parent their children are turning to a more equal possession schedule, such as a week-on/week-off type arrangement.  These arrangements work well as long as parents live close together, preferably in the same school district, and get along well enough to collaborate on homework, activities, and such things.  Parents who argue or cannot communicate do not do well with this type of arrangement.

High Tech Solutions for Parenting Plans in Dallas Divorces

Sunday, October 5th, 2008

Planning parenting time splits and possession/access schedules with children can be complex and a frequent source of conflict between parents, even in Dallas Texas divorces.  Fortunately, new software tools have been created to simplify the task.  These software resources assist parents in developing, tracking, and adjusting custody schedules and counting overnights.  For parents who live long-distances apart, these tools can be particularly useful. I have not actually used any of these in my practice. Please let me know if you find these useful so I can make recommendations to my clients.

Thank you to the Alaska Divorce Blog for pointing me to this.  Check out the article in the May 2008 Newsletter of the ABA’s Family Law Section for a description of each program.

Virtual Visitation

Tuesday, September 16th, 2008

A little bit of technology and a change in Texas family law are allowing families separated by divorce and distance to maintain close relationships. On September 1, Texas became the fourth state to allow video visitation. While proponents of the practice admit that video visitation cannot replace personal visits, they note that it can serve as a powerful substitute. Andrew D. Smith, Denton Record-Chronicle 11/05/2007


google