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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.

L.A. Confidential!

In a story that sounds a bit like old Hollywood film noir:  A Los Angeles private detective faces accusations of using showgirls to lure divorcing men into drunk driving charges.  Allegedly at the behest of a divorcing wife, Christopher Butler set up a “sting” operation wherein he hired a former Las Vegas dancer to connect with the husband on a dating website.  After that the showgirl just had to get the husband to meet her, take a few shots of tequila, and convince him to get behind the wheel.  The cops took it from there.

Butler, a former police detective, is also facing federal indictment for selling drugs and operating a brothel – both in conjunction with California police agencies doing undercover work.

The Wright Firm would never use illegal means to trap an opposing party.  However, there ARE legal ways of using private investigators in a divorce case.  Word to the wise – if you are going through a divorce, behave yourself as if you are being watched.  You never know when it might be happening!

Do you need help with your divorce case?  Are you curious what options are available to investigate your spouse? Give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com.

For the full American Bar Association article, click here:  http://www.abajournal.com/news/article/private_detective_accused_of_setting_up_divorcing_men_for_duis_with_help_of/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

 

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.

 

The (Multiple) Marrying Kind

Kody Brown, an overt polygamist and star of the reality TV show “Sister Wives,” is being investigated by the State of Utah for violating the state’s – you guessed it! – polygamy laws. Brown currently has four wives (though only civilly married to one wife) and 16 children and step-children.  One might wonder why the Brown family would choose to put their lives on television knowing that it could open them up to criminal prosecution.  However, Brown has responded by filing a lawsuit to challenge the constitutionality of laws prohibiting polygamy.

 

The lawsuit employs an interesting tactic by not actually seeking to force states to recognize multiple marriages.  Instead, it builds on the premise that the state cannot make unconstitutional intrusions on a person’s “intimate conduct”.  Precedent for this premise was established in the U.S. Supreme Court case of Lawrence v. Texas, which struck down state sodomy laws.  The lawsuit seeks to extend the Lawrence ruling, to treat polygamous relationships as “intimate conduct” between consenting adults. 

Here in Texas, polygamy is strictly against the law in two different ways.  First, a marriage entered into during the existence of a prior marriage is void.  If a marriage is “void” that means it is as if the marriage never happened. See Texas Family Code §6.202  Secondly,  polygamy is a crime under the Texas Penal Code.  An individual commits a criminal offense if he/she is legally married and purports to marry or does marry another person or lives with a person other than his/her spouse in this state under the appearance of being married. See Texas Penal code §25.01. 

 

Are you absolutely sure you are divorced from a previous spouse?  Are you concerned that you may be “common law” married to your current significant other, but you never bothered to divorce your ex?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 and speak to one of our Dallas Family Law Attorneys or check us out on the web at www.thewrightlawyers.com.

 

 

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. 

 

A Sex Scandal Without the Sex!

Much ado has been made recently about U. S. Rep. Anthony Weiner sending sexually explicit messages and images via the internet to various women.  While there is a long-running tradition of sex scandals among American politicians, the quirk in Rep. Weiner’s story is that – as far as anyone is acknowledging – there has been no actual sex involved.  This is the “sex scandal” for the Age of Facebook and Twitter.

Weiner is not alone.  A May 2010 study by the Pew Internet and American Life Project, 15% of adults reported that they had received a sexually suggestive nude or nearly nude photo or video on their cell phones.  6% admitted to having sent such messages.  Of adults in the 18-to-29 age bracket, 31% stated that they had received and 13% that they had sent sexually explicit messages.

But, is an internet- or cell phone-based “affair” really cheating?  Under Texas law, it does NOT meet the definition of adultery.  To qualify as “adultery” there must be voluntary sexual intercourse between a married person and someone who is not the spouse of that person.  That doesn’t necessarily mean, however that your spouse won’t see a cyber affair as cheating.  The Associate Press reports in the wake of the Weiner debacle, that many Americans have stated via online postings and phone interviews that the emotional betrayal is just as bad as a physical betrayal.  As a divorce attorney, I can personally attest to the increasing role Facebook and other social media are playing in my clients’ cases.

The Bottom Line:  If you wouldn’t tweet it, post it or text it with your spouse looking over your shoulder, there’s a good chance your spouse will think it’s cheating.

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

See Yahoo News article here:  http://news.yahoo.com/s/ap/20110607/ap_on_re_us/us_weiner_is_sexting_cheating

See MSNBC article here:  http://www.msnbc.msn.com/id/43365868/ns/politics-capitol_hill/

 

Can A Texas Child At The Age Of 12 Tell The Judge Where They Want To Live?

In Texas, children do not get to choose who they will live with; however, children who are at least 12 years old can tell a judge where they want live. The Texas Family Code allows a judge to interview a child 12 years of age or older to determine the child’s desires as to which parent should have the exclusive right to determine the child’s primary residence. Either party in the suit can request a judge to confer with a child. Once a request is made for a judge to confer with a child, the judge is required to talk with children 12 years of age and older and has the discretion to talk with children under the age of 12. The judge may or may not follow the child’s wishes.  The judge’s decision will be based on the best interest of the child.

For more information 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.

 

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

What’s Eating You?

At the end of January, the USDA released a new set of dietary recommendations for Americans. Of course eating right is good for you, but did you know it could be good for your child custody case? When a Judge is making a determination of what is in your children’s best interest, the judge will look at ALL aspects of your parenting skills including – you guessed it – what you feed your kids. Most family law attorneys have heard either their own client or an opposing party on the witness stand crying, “All she ever feeds them is French fries!” Even outside of the courtroom itself, the food you feed your children can impact your custody case. In many cases a professional will be appointed by the judge to interview each parent and the children and to visit with each parent and children together in that parent’s home. One of the questions the kids get asked is, “What do you eat when you’re with mommy/daddy?” So, check out those new USDA guidelines and give yourself and edge! The full report can be found at http://www.cnpp.usda.gov/dietaryguidelines.htm. The Parents® magazine “short version” can be found at http://www.parents.com. If you need assistance with your child custody case, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!