Possession of Children

Oct
12

Texas Holiday Visitation Schedule with your Children: Guidelines for Thanksgiving and Christmas

Now is the time to review your Holiday Schedule for visitation with your children during this wonderful time of year! We suggest you review the specific circumstances provisions of your order concerning visitation.  Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.

Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.

Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair!

Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season, resulting in an unfortunate and a very unhappy family situation.  If you cannot reach an agreement regarding visitation or you believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney.

Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family.  The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad.   This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family.  Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Tips on Dealing with Holiday Visitation Issues

  • Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.
  • Plan ahead now on scheduling the upcoming holiday visitations. The longer the wait, the more stress involved!
  • If there is a deviation in the holiday schedule this year, make sure it is, in advance, in writing.  Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.
  • Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends.  This is a time for new family traditions and changes from old habits.  Put aside your differences with the other parent and make the children’s time happy with good memories.
  • If age appropriate, ask your children what is important to them during the holidays.  There may be a special place or event that is very important to them; try to accommodate this.
  • Enjoy the Holidays with your children.  This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.
  • If you anticipate a problem could arise regarding holiday visitation schedules, don’t delay! Consult a legal expert in time to get the conflict resolved before the holidays commence!

 

By Nacol Law Firm P.C. | Possession of Children
DETAIL
Jul
21

Supervised Visitation Orders – How Texas Fathers can Return to a Standard Possession Order

I Have Been Ordered, Right or Wrong, Supervised Visitation with My Child –

How Do I Return to a Standard Possession Order?

In a perfect world, parents going through the divorce process work together for the best interest of their child(ren) and are granted possession of the child(ren) approximately fifty (+ or -) percent of the time.  However, issues such as severe parental alienation, drug addiction, mental or physical abuse, neglect, and severe mental illness may force a parent to petition the courts to order limited or supervised visitation.  On some occasions, a parent is regrettably ordered into supervised visitation due to false, inaccurate or misleading information.  Regardless of the circumstances, court ordered supervised visitation is costly, may substantially limit the amount of time a parent is allowed to spend with their child, and can create a difficult and costly transition into a standard possession order.

If the court has ordered supervised visitation seek proper counsel from a qualified attorney as soon as possible.  If a case, rightly or wrongly, has been established for supervised visitation by the evidence or circumstances or court order, you will need to build a case for reinstatement of standard or standard expanded possession as soon as possible.

During a supervised visit it is imperative that you keep any comments on the case to yourself. Avoid giving any opinions on the existing judgment or the supervised visitation order.  Within reason, limit your conversation to what is strictly necessary for the child to have a safe, happy and healthy visit. Be polite and courteous with the monitor even if you develop strong negative feelings regarding him or her.  Continue to enforce the importance of wanting and seeing your child and spending quality time with your child as much as possible.  Never, under any circumstances speak negatively about the other parent to or in the presence of the child or the monitor.  Never, use vulgar or abusive language toward or in the presence of the child or the monitor.  The visitation monitor may be an important asset at future hearings regarding a change from supervised visitation to a standard or expanded possession order.

Make every scheduled visit without fail.  If unable to make a scheduled visit, contact the monitor as soon in advance as possible with an appropriate explanation and request an alternative date.  Bring family members whenever possible and clear it with the visitation monitor prior to their attendance.  Bring cards and gifts, not only from you but from family members.  If visits are going well request off-site visits at a nearby restaurant or park.  Though visits may be costly, the more frequently you are observed in a loving relationship with your child the better the chance of supervised visitation being suspended or terminated all together.

Involve a psychiatrist or qualified counselor in your visitation schedule if at all possible.  Such professionals are key as you begin to build your case for standard possession since they are able to make suggestions to the Court as to how visits are progressing and the manner in which standard possession can be accomplished.

If you have been ordered to have drug or alcohol testing performed, take each test as scheduled and make certain you are free of drugs and alcohol.  A positive drug or alcohol test may place you back at square one and undermine your progress.

If a social study is ordered, dispose of any prescription drugs not needed or which are out of date and put away any alcohol in your home.  Make certain your home is clean and orderly when the evaluation is performed.  In such cases, a qualified professional will come to your home and evaluate the environment as it pertains to the best interest of the child.  If you have been ordered into supervised visitation because of drugs or alcohol it is imperative that these items not be sitting around the home when a social worker is performing his/her evaluation to avoid negative results or an  invalid conclusion.

Keep your child support current at all times! If the supervised visitation is placing a financial strain on your ability to pay child support, have an attorney address modifying your child support obligation in a Motion to Modify.  It is counterproductive to request unsupervised visitation if you are not current in your financial responsibility toward your child.

Some very important tips a non-custodial parent should follow on a supervised visit:

  1. Follow the schedule of your visits to the letter.  Never cancel except for dire emergencies!

  2. Always arrive on time.

  3. Focus totally on your children.  Don’t ask about the custodial parent or exchange information or be judgmental in your comments. This is your time with your children.

  4. Have a game plan on what you will do when talking and spending time with your children. Stay open to suggestion from your children on what they would like to do with you so everyone enjoys the visit.

  5. Talk with your children about what you are doing in your life. Ask about their activities and school, but don’t press for information. Let them know that you are interested in what they care about.

  6. Always keep your word. Don’t make promises that you can’t keep!

  7. Avoid talking about the custodial parent at all times, the divorce, and any court actions.  Keep all conversations light and positive.  This is your time for your children.  Use it to reconnect and enjoy each other.

  8. Do not criticize the custodial parent or make negative comments about the supervised visitation. This is all the time you have with the children.  Love, embrace and enjoy them every moment.

  9. You may not like it, but follow the rules set forth for the supervised visitation.  Respect the process and this may help to encourage the court to change your status to unsupervised visitation.

By Nacol Law Firm P.C. | Possession of Children
DETAIL
Mar
01

Summer Visitation Schedules for Texas Fathers

This question causes many divorced or single parents much stress concerning meaningful contact with their children. “What do I need to do to legally secure my specific summer visitation periods with my kids?”. Here is a general breakdown of Texas law on summer visitation:

Family code: 153.312: Notification of Summer Visitation: Parents who reside 100 miles or less apart.

A possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;

If the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place;
and
If the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days’ written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Divorce, paternity or other orders setting out access/possession rights should specifically set out this information. Such orders are usually custom and specific on times and dates for summer and other holiday visitations.

In today’s world, a statutory preset structured visitation schedule does not always work in a blended family environment. Many fathers are now either sole managing conservator or co-managing conservators with the mother. The current standard visitation schedule is used more as a basic presumed schedule to which extended time may be added for cause good for more equal shared time with the children.

With an enlightened public awareness and presumption under law that children need quality time with both parents, many parents are looking for modifications to child visitation orders that agrees with their lifestyles to share their children equally and fairly.

By Nacol Law Firm P.C. | Interstate Jurisdiction . Possession of Children
DETAIL
Dec
07

Holiday Violations of Visitation During Covid 19

The holidays are frustrating times for both spouses when undergoing divorce proceedings that involve custody issues with children. If a spouse violates a temporary custody order, he or she may not face consequences at the time but must explain their actions to a district judge in the future. 

If a temporary custody order describes in detail the periods of possession during the Christmas holiday, this order will be binding on both spouses. The temporary custody order is binding civilly and NOT criminally. This is an important distinction to make before you decide to call the police. All of family law, with few exceptions such as domestic violence and protective orders, are governed within civil jurisdiction and not criminal jurisdiction.  Because temporary custody orders involving children are governed within civil jurisdiction, a police officer has no grounds to enforce the order. 

Now if your spouse refuses to release the child into your custody at the prescribed time mandated within the temporary custody order then there are certain things that you should do to ensure it is properly documented for future civil contempt proceedings. 

  1. Call the police!!! Many police departments will not respond because temporary custody orders are not criminally enforceable, but if the police department decides to respond then you may request a police report to be filed, noting that your spouse deliberately violated the temporary custody order. This may be used in Court to persuade the judge to hold your spouse in civil contempt. 
  2. Save any text messages, emails, or recorded phone calls that demonstrate your spouse’s refusal to deliver the children into your custody during Christmas. 
  3. Call your attorney and notify him of your spouse’s refusal to deliver the children into your custody. 
  4. Do not get into a physical confrontation with your spouse!!! 

By completing these four simple tasks you will be gathering evidence to hold your spouse in civil contempt of Court. After the Christmas Holiday season is over your lawyer, with your consent, will fill a motion to hold your spouse in contempt of Court for violation of the temporary custody order. If your spouse is found in civil contempt of Court, he or she may be fined, ordered to jail until the fine is paid with certain limitations, and the violation may be a basis to modify the previous temporary custody orders. This will be at the judge’s discretion. 

Though you may feel helpless at the time, justice will be done through the district Courts in the form of civil contempt. Judges usually look down on a spouse that blatantly violates a temporary custody order, especially during Christmas.  Just relax and have patience if your spouse refuses to deliver the children to you, justice may take time but in the end it will be served. 

With the Covid19 virus pandemic, many changes in Texas have happened with visitation issues. On  March 13, 2020, the Texas Supreme Court issued an Covid19- Virus Emergency Order:  divorced /single parents should go by the originally published school and visitation schedule in their current decree. This includes Holiday Visitation Schedules.  The Counties of Dallas, Collin, and Denton also came out with standing orders re; exchanges relating to possession and access to children considered “an essential activity”

Now is the time to contact the other parent to ensure that your visitation time with your child will be insured without any problems. If not, contact an attorney to make sure that the Holiday Season visitation with your child will happen happily.

Nacol Law Firm P. C.

By Nacol Law Firm P.C. | Possession of Children
DETAIL
Nov
10

2020 Texas Holiday Visitation Schedule with your Children: Plan Now

Holidays 2020 Visitation with your child could be difficult since “Normal” life for families has changed greatly with the threat of the Covid19 Virus. Now is the time to review your Holiday Schedule for visitation with your children and we suggest you review the specific provisions of your order concerning this 2020 Holiday Visitation.  

NOTICE: In Texas, March 13, 2020, the Texas Supreme Court issued an Covid19- Virus Emergency Order:  divorced /single parents should go by the originally published school and visitation schedule in their current decree. This includes Holiday Visitation Schedules.  The Counties of Dallas, Collin, and Denton shortly after came out with standing orders regarding Exchanges relating to possession and access to children considered “an essential activity’. 

The Holiday Visitation time is the most modified area in the Standard Possession Order

Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.

Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.

Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.

The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair! Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family.  The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.

Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season and with the current Covid19 Virus Pandemic, the family situation.  If you cannot reach an agreement regarding visitation or believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney. Time is short and Courts are already starting to overload with future visitation problems for the 2020 Holiday Season

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad.   This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family.  Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Call Us. We Can Help! 
NACOL LAW FIRM P.C. , Dallas Family Law Attorneys (972) 690-3333

By Nacol Law Firm P.C. | Possession of Children
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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