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What is Texas “Expanded Standard” Visitation?

What is “Expanded Standard” Visitation?

The most important issue that many parents face in a divorce or child custody case is how much time they will ultimately have with their child. In these situations, parents must make decisions about the rights and duties that they will each have over their child, along with the possession schedule that the parents and child will follow. If the parents are unable to come to an agreement on these terms, then a court will make a ruling on the issues. In many cases, one parent is appointed as the “custodial” or “home-base” parent who determines the primary residence of the child. The other parent, the “non-custodial parent,” follows a possession schedule over the child.

The most common possession schedule for non-custodial parents is called the Standard Possession Order. It grants the non-custodial parent time with the child every Thursday evening during the normal school term, and every first, third, and fifth weekend of each month beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday. In addition to these times, the non-custodial parent is awarded 30 days in the summer months, a week during Christmas break, and alternating spring break and Thanksgiving holidays.

The Standard Possession Order is presumed to be in the best interest of the child in all Texas family law cases, unless one party produces evidence to the contrary. While the Standard Possession Order is the most widely used schedule, it is important to note that it is the minimum amount of time that courts deem  appropriate between a child and the non-custodial parent. If a parent wishes for the non-custodial parent to receive more time with the child, he or she should ask the court to grant them Expanded Standard Visitation under the Texas Family code (§153.317).

Expanded Standard Possession allows for a non-custodial parent to make certain elections to extend the duration of the standard possession order. These elections are:

WEEKENDS: The non-custodial parent can choose to pick up the child when school is dismissed on Friday and/or return the child when the child’s school resumes the following Monday.

THURSDAYS: The non-custodial parent can choose to pick up the child when school is dismissed on Thursday and/or return the child when the child’s school resumes the following Friday.

            HOLIDAYS: Expanded Standard also lengthens the time available for holiday periods of possession (Christmas, Thanksgiving, Mother’s Day, Father’s Day, and so forth), and for extended weekends due to holidays.  

The benefit of Expanded Standard to many non-custodial parents is that it creates a period of uninterrupted visitation for four nights, lasting from the end of school Thursday through the following Monday morning for the non-custodial parent’s weekend possession. This duration can be beneficial to increasing a child’s bond with the non-custodial parent.

If a parent does not elect Expanded Standard Visitation under the Texas Family Code, then their claim to it is waived and he or she may not retroactively elect it after the Order is entered. Therefore, it is important to discuss this option with an experienced Texas Family Lawyer to help you enter a possession schedule that works for you and your family.

If you have questions about possession schedules in a child custody or divorce case, contact the Wright Lawyers at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

Paternity in Texas – What you Need to Know

The determination of paternity is one of the fastest-growing segments of family law. Today, over half of all children in our state are born to single parent households and this number is rising by about 3 to 4 percent annually. Troubling still is that the fastest growing demographic in the United States is single mothers living below the federal poverty guidelines. To protect and prevent single-parent families from succumbing to poverty, the federal government passed legislation requiring states to proactively seek out and adjudicate parents for the sole purpose of paying child support.

In Texas, the Office of the Attorney General is the agency in charge of calculating and collecting child support for unmarried parents. All child support is required to be paid through the State Disbursement Unit (“SDU”) in San Antonio so that the State may report its collections to the federal government and receive federal funding. Many people are surprised to hear that the Office of the Attorney General is only concerned with child support, and does not determine issues of possession and access. Every week, the IV-D (“Four D”) courts in Texas conduct hearings with the Attorney General’s Office to establish paternity, calculate child support, or collect unpaid child support. These hearings are often attended by hundreds of people at a time. Any claims that the parties have about possession and access of the child will not be heard in a IV-D court, but rather will be transferred to a District Court where the attorney general will also become a party to the lawsuit.

How is paternity established in Texas? For the purposes of collecting child support, it can be any of the following:

1. A woman is the presumed mother of the child by virtue of giving birth to the child.
2. A man is the presumed father of the child by virtue of:
   1. Adopting the child, or
   2. Having paternity adjudicated (via DNA testing), or
   3. Voluntarily acknowledging his paternity of the child, or
   4. Was married to the mother when she gave birth to the child.

A common myth in family law is that having a man’s name entered on the child’s birth certificate makes him a “presumed father” of the child because he voluntarily acknowledged his paternity on the birth certificate. This myth is false. The purpose of the voluntary acknowledgment process is to establish paternity without the need of judicial action; therefore the process must meet strict requirements. The only way that a man can be a presumed father by voluntarily acknowledging his paternity is to file a written statement with the Bureau of Vital Statistics asserting that he is the father. This statement must be signed by the mother. Prior to 2011, there were very narrow time limits for when a person could challenge an acknowledgment of paternity if someone believes he is not the parent of the child. In 2011, though, the Texas legislature made important changes to the Texas Family Code allowing for a “wrongful paternity” action if DNA testing establishes, at any time during the child’s life, that a previously presumed parent is not the actual parent.

Another common myth in paternity cases is that paternity laws are only used to establish a parent-child relationship between a father and child. This myth is also false because Texas has passed the Uniform Parentage Act to establish maternity as well as paternity. Although maternity is not disputed in most cases, the same laws apply to women as men. These procedures are frequently used to determine maternity in instances when children are born to same sex unions, assisted reproduction, or families who have travelled from another country.

Today, the most common method of adjudicating paternity is by Court Order. Typically, genetic tests are done after litigation has begun to determine whether the parties are parents to the child. Typically, the Court will specify a time, place, and testing agency for the parties. Genetic tests are admissible in Court if they have a probability of at least 99 percent. After paternity has been established (or denied), the Court will adjudicate conservatorship, possession and access, and child support.

If you are facing difficult issues with paternity or child support, contact an experienced family law attorney at the Wright Firm to answer your questions at www.thewrightlawyers.com  or call us at 972-353-4600.

Split or 50/50 Custody of Children

The court will always look to the best interest of the child when determining the proper arrangement for the custody of a child.  In Texas, there is a presumption that the Texas Family Code’s Standard Possession Order is in the best interest of children.  However, this presumption can be rebutted.  The problem with the Texas Family Code’s standard possession order is that, because every family law case is different, the standard possession order does not fit in every situation. 

 

 Many clients go to their family law attorney and request 50/50 custody or a custody schedule that is evenly split down the middle between the two parents.  Some parents believe this will alleviate their child support obligation, however this is a common misnomer regarding 50/50 schedules.  Other parents want a 50/50 schedule simply because they wish to visit their children as much as possible.  Whatever the reason, there are several issues in the family law arena related to these types of arrangements. 

 

Many judges do not prefer 50/50 schedules because they feel it is too stressful on the children.  The reasoning behind this argument is that the children are moving around too much and cannot gain consistency in a home.  It can be argued that the arrangement creates stress on the child or children.  For example, a child who is required to pack up and move from one parents home one week to another parent’s home the next week may resent the schedule.  Perhaps there is some validity behind this argument.  A week on, week of schedule may be one of the more difficult schedules to pass off to a judge. 

 

 A schedule that divides up custody of the child on what some may consider a somewhat more regular schedule may be better utilized.  This may sound confusing, because a week on week off schedule is consistent.  However, for example, a schedule where the child spends certain days of the week with one parent and certain days of the week with the other parent may create more of a routine, such as a 5-2-2-5 schedule where the child spends every Monday and Tuesday with one Parent and Every Wednesday and Thursday with the other parent and then alternates Friday through Sunday.  Under a schedule of this nature, the child is allowed more consistency because it is known that every Monday and Tuesday night, they will be with a specific parent.  The child can then create more of a routine knowing they will be with a specific parent on specific days of the week.  The child can leave belongings at the parent’s home that they only use on the weekdays they are at that parent’s home.  The child will be better able to mentally associate their routine with each parent as well.  This is especially helpful as schools move more towards using block scheduling methods regarding classes. 

 

            Whether it be because frequent and continuing contact with the child will only be achieved by a revised schedule, or because one of the parents has an uncommon work schedule, it will be easier for the court to award the schedule if the facts of your case are helped by the schedule.  There are a variety of 50/50 schedules that will work and the courts are allowing the schedules more and more.  The important thing to portray to the court when trying to obtain a 50/50 schedule is that the schedule is in the best interest of the children. 

For more information on Texas custody and visitation with children contact The Wright Firm, L.L.P. at www.thewrightlawyers.com  or call us at 972-353-4600.

 

 

Providing for Another Person’s Child

Unfortunately, sometimes parents do not provide for their own children.  These situations can arise when a parent is neglectful or when a parent takes advantage and “uses” a nonparent friend or relative by getting the nonparent to provide for the child.  When this happens, does the nonparent have a legal claim, under Texas law, against the parent for the expenses he or she incurred to provide for the parent’s child?

 

Under the Texas Family Code, parents have a legal duty to support their children, including providing their children with clothing, food, shelter, medical and dental care, and education.  A parent’s duty to support his or her child exists while the child is an unemancipated minor.  Furthermore, the Texas Family Code provides that any parent who fails to discharge the duty of support is liable to a person who provides necessaries to his or her child.

 

Therefore, Under Texas law, a nonparent does have a legal claim for reimbursement against a parent when the nonparent provides necessaries to the parent’s child, and the parent has failed to discharge his or her legal duty of support.

 

For more information about a parent’s liability to a person who provides necessaries to the parent’s child contact the Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.  We have offices in Dallas, Denton, and Lewisville.  We also have offices by appointment only in Frisco, Plano, and Ft. Worth.

 

Happy Campers or Texas Family Law?

You want your child to go to basketball camp this summer, but your ex wants to enroll the kid in advanced basket-weaving instead.  Who wins? 

The odds are that unless you have a very unique Divorce Decree or Child Custody Order, NEITHER parent is expressly granted the right to decide what camps the kiddies can attend.  This means that two predominant factors are going to go into the determination of whether your child will be enrolled in the camp you want:

1)      Whose possession time is it?  If the camp is during YOUR visitation time, you can sign your child up.  If the camp is during the other parent’s time, better let it go.  If you book activities for the child during the other parent’s time, you put yourself at risk of a Judge viewing your actions as denying that other parent his/her visitation time. 

2)      Who is going to pay for it?   If you want to enroll your child in a camp over the protest of the other parent, be prepared to pay every penny of costs associated with the camp.  If you’re ok with paying for it, go for it.  If you can’t afford the camp without the other parent contributing financially – better start sweet-talking them.

 

For information about Texas Family Law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

 

Texas Court Room Rules

Top 10 Texas Court Room Rules

 Have you ever been to court?  Unless you’re going to the court house for jury duty, appearing for one of your own hearings can be a very scary experience.    If you are scheduled to appear in a court in Dallas, Denton, Collin, or Tarrant Counties, here are some things you need to know.  Maybe you are appearing for your divorce or family law hearing, a contested probate case, a criminal hearing, or a final trial in a civil matter. 

 

Because judges have different preferences, and “courtroom custom” may vary depending on the county and the judge, the following is intended to provide a top 10 list of things you should know before you get to the court house:

 

1.      Always be prompt.  If your hearing starts at 9:00, you probably need to be there at least thirty minutes early.  For example, in a Denton Divorce case, your Denton County Divorce Attorney may want you at the court house even earlier because many times settlement negotiations will take place at the court house.  Do not be late!  The judge may not wait on you.  The judge will call the case at the time designated and if you are not there the judge will proceed and could dismiss the case if you are not in attendance or even worse the other side could get the relief that they are seeking.  Also, know where you are meeting your lawyer before the hearing. 

 

2.      Stand when the judge enters or leaves the courtroom. Being a judge is an extremely difficult job.  Judges must look at all sides and make as best of a decision in each case as possible. The things they have to see and hear about are horrendous. Standing is a simple sign of respect. We stand when we do the pledge of allegiance, or when the national anthem is being played. We stand when a bride walks down the aisle, or when the president comes into a room. 

 

3.      Do not make personal attacks on opposing counsel or the opposing side.  The other lawyer is just doing their job.  Remember the other lawyer is not going to decide your case.   Have the hearing in the court room not in the hall.

 

4.      Do not interrupt the Court or opposing counsel. Wait your turn.  I see this every day at the court house.   The judge will let you have your turn and will let you have a chance to respond to what the other side or the other lawyer is saying. 

 

5.      No children are allowed in the Courtroom during Court proceedings. The court house is not a day care.  There is no one to watch your children.  For example, if you have a Dallas Divorce case, why would you want your children to sit in the court room and have them listen to the complaints of you and your spouse.  One judge has even told me that if he sees that a party brings a child to the court house, without court permission, he is already thinking in his mind that you do not have your child’s best interest in mind. 

 

6.      No food, drinks, chewing gum, candy or tobacco products are allowed in the Courtroom.   For example, the Collin County Court house is paid for with tax payer money and is needed for the benefit of all citizens.   The request for no food or drink just ensures that the buildings will remain nice and clean for us all in the future.

 

7.      No hats, caps, shorts, tank tops, halter tops or provocative clothing (this includes wording, pictures and the manner in which the clothing is worn).  This really is a lawyer’s pet peeve.  As a Family Law Attorney in the Denton County Courts,  I  have personally taken clients shopping before a hearing.  You are not going to the spa, the beach, and you will not sway the judge by what you are wearing.   Years ago while up in the Denton County Courts, I witnessed a bailiff instruct a person to turn their “This Buds for You”  t-shirt inside out.  Remember this is also a sign of respect.   

 

8.      All pagers, cell phones or other portable communication devices must be turned to the off position. No communication devices shall be operated in the Courtroom. No audible sounds from the communication devices shall be permitted.  In many North Texas court rooms, if your cell phone goes off, it will be confiscated and not returned until you pay the fine for its return.  I have witnessed in the middle of my hearings the opposing party’s cell phone going off while they were on the witness stand.  Do we think that helps or hurts their case? 

 

9.      All talking shall be at a minimum while court is in session.  The judge cannot hear what is going on in the court room if everyone is talking.  If you want to talk to your lawyer, go out in the hall.

 

10.    All persons addressing the court and/or staff shall do so in a respectful manner (i.e. yes sir, no sir, yes ma’am, no ma’am).   Yelling at the bailiff, the court reporter, the court coordinator is never helpful or advised. 

             These are just a few guides that we tell our clients on a day to day basis.  At The Wright Firm, L.L.P. we have offices in Dallas, Denton, Collin, and Tarrant counties in North Texas.  We also handle family law and divorce, criminal matters, bankruptcy, probate and estate planning, immigration, and civil litigation.  If you have questions about this article or a case that you may have, please visit our website at www.thewrightlawyers.com or send me an email at [email protected] for more information.  Thank you for reading this article.