tag:blogger.com,1999:blog-21560112.post6776492408640342995..comments2023-08-02T10:18:55.776-05:00Comments on Texas Family Law Blog: holding parents feet to the fireChris Schmiedekehttp://www.blogger.com/profile/05252893456286036003noreply@blogger.comBlogger76125tag:blogger.com,1999:blog-21560112.post-26761067272415793192016-03-04T21:22:01.613-06:002016-03-04T21:22:01.613-06:00Anonymous, could it be that your child is in a be...Anonymous, could it be that your child is in a better school? Before you jump to conclusions, check this out first. What is more important, his education or that it inconveniences you.Anonymoushttps://www.blogger.com/profile/12426477675794493134noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-2606126287009009262016-03-04T21:20:34.271-06:002016-03-04T21:20:34.271-06:00Dear anonymous. Before reacting, could it be that...Dear anonymous. Before reacting, could it be that the new school is a better choice? Ask her as this could be the situation. What is more important : your being inconvenienced....or a better educational situation for your son?Anonymoushttps://www.blogger.com/profile/12426477675794493134noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-90992669342880590882016-03-04T21:13:39.745-06:002016-03-04T21:13:39.745-06:00Anonymous, could it be that your child is in a be...Anonymous, could it be that your child is in a better school? Before you jump to conclusions, check this out first. What is more important, his education or that it inconveniences you.Anonymoushttps://www.blogger.com/profile/12426477675794493134noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-51185249610162692442015-10-01T15:34:17.668-05:002015-10-01T15:34:17.668-05:00Used to pick son up from school every Thursday and...Used to pick son up from school every Thursday and every other Friday's for my weekend visitation. (That's what my decree says and that if my son is NOT in school the we meet at 6pm in the Denny's parking lot) Now I can't. Does she have to have him to me by 6pm?<br />Two weeks before this year's school started my ex enrolled our 7 year old son into a public school I a different county/district from their residence. This school is over an hour away. I used to pick him up from school but now it's to far and I can't also take 3 hours off work6-8 day a week. Due to this distance and that i can no longer pick him up from school every Thursday, is she supposed to have him to me at our meeting place here in Austin by 6pm? Or because I can't pick him up from his school that over an hour away now, do I just miss our visitation? We originally agree in the decree that I could pick him up from school which was awesome but it wasn't my agreement to pick him up from another school over an hour away. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-23934879792454842842015-10-01T15:31:17.502-05:002015-10-01T15:31:17.502-05:00Austin, TX : Used to pick son up from school every...Austin, TX : Used to pick son up from school every Thursday and every other Friday's for my weekend visitation. (That's what my decree says and that if my son is NOT in school the we meet at 6pm in the Denny's parking lot) Now I can't. Does she have to have him to me by 6pm?<br />Two weeks before this year's school started my ex enrolled our 7 year old son into a public school I a different county/district from their residence. This school is over an hour away. I used to pick him up from school but now it's to far and I can't also take 3 hours off work6-8 day a week. Due to this distance and that i can no longer pick him up from school every Thursday, is she supposed to have him to me at our meeting place here in Austin by 6pm? Or because I can't pick him up from his school that over an hour away now, do I just miss our visitation? We originally agree in the decree that I could pick him up from school which was awesome but it wasn't my agreement to pick him up from another school over an hour away. gghttps://www.blogger.com/profile/16488408482263934059noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-90725789737760870622015-08-02T14:42:19.893-05:002015-08-02T14:42:19.893-05:00I am a step mom to a 17yr in texas no longer marri...I am a step mom to a 17yr in texas no longer married to his dad. He came this summer to visit his siblings with his custodial mothers permission. When he returned home his mother packed his bags and kicked him out of her home 3 days later. His father and I talk and he saw his father for the first time this summer in 11 yrs. His mother has always kept visitation difficult. She recently after kicking my step son out filed with OAG to raise her child support and file contempt to have his father thrown in jail for arrears. His father, a disabled vet was in a 90 treatment facility and diagnosed with severe PTSD.<br />My question is i am the step parent, The mother kicked her child out of the home is currently being investigated by CPS for emotional and mental abuse. The 17yr turns 18yr in 4 months. How do I legally keep him to enroll him in school and provide medical since he wants to stay with me. After kicking him out and being interviewed by CPS the mom wants him to come home now but this isn't the first child she has kicked out or been unstable emotionally with. Help....amandanoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-78622192130218683962015-06-17T13:22:25.491-05:002015-06-17T13:22:25.491-05:00what happens if a custodial parent initially sets ...what happens if a custodial parent initially sets up to have supervised visitation but never sets it up and then the other parent moves away to another state and wants to have the kids come see him but the custodial parent does not allow it and is threatening to have the supervised visitation set up. my question is after 2 years of being divorced and having watched our kids in my home before moving away can she get the supervised visits set up just because she is ticked off?Anonymoushttps://www.blogger.com/profile/18100154102457125455noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-15971085045847874182015-06-08T22:08:14.860-05:002015-06-08T22:08:14.860-05:00Is there a law if we live more then 100 does she h...Is there a law if we live more then 100 does she have to meet half wayAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-27597457071197290802015-04-11T19:36:29.212-05:002015-04-11T19:36:29.212-05:00Chris,
I also have a designated adult question. It...Chris,<br />I also have a designated adult question. It states in our decree that either one of us can designate an adult to pick up our daughter. I had to go out of town so I text my ex-wife and let her know who was going to pick up our daughter and that our daughter will spend the night with my good friend and have a sleepover. This good friend's daughter has been in my daughter's class the last 2 years they also live next to me in the same apartment complex. THe ex agreed to this. I also told the ex she could pick up our daughter the next morning and keep her till I arrived back in town the next afternoon. Instead, my ex went to the school stating her lawyer said she can pick up her daughter. After a big commotion and several calls my ex agreed to meet my friend and her daughtet at McDonald's where she would turn over my daughter. She never showed up. I guess my question, is my ex in contempt? When you have the Designated Adult as part of your decree, besides picking the child from school can the child spend the night with the Desinated Adult? Thanks in advance.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-11737363747679152522014-12-22T14:09:18.796-06:002014-12-22T14:09:18.796-06:00I came across your posts today and wanted to ask s...I came across your posts today and wanted to ask some advice. I have a 2 year old son who will be 3 in March. I have full custody. I was never in a real relationship with the NCP. Upon telling him of my pregnancy he denied paternity saying he had a "medical condition" that made it impossible. After 3 no shows to court the AG did a court order demanding child support. He then hired an attorney and requested a paternity test. He didn't show up two more times for court and failed to do paternity test for 6 weeks. After receiving the positive results he finally showed up to court...Mind you this took 10 months! I am a reasonable person and sincerely hoped he would have a change of heart. We came to an agreement that worked for me. I was to supervise visits until my son is 3. It ws three months in public every other weekend and three months at his family house supervised by me. Upon my son turning 3 he could see him every other weekend but had to stay at the ncp mothers home in the town where I live....He lives 4 hours away. In the court order it was required that I get a 14 day notice which I verbally agreed I could work with him on since he is so far. This was in Aug of 2014. In late Sept he text on a Saturday asking to meet the next day. After changing plans I agreed. He showed up an hour late and spent one hour with his son. He did not mak a payment that month. I did get a payment in October. After receiving the payment he text asking if he could visit my son at his daycare....mind you this is only after one visit. I said no that the court order requires 6 months of my supervising the visits. He laid a guilt trip on me saying the daycare workers should be considered supervisors and that he wants to know my son independently of me. November no payment. I text him letting him know the child needed winter clothes and shoes at which point he offered to drive up and take him shopping again without my supervision. Only giving me a 5 hour notice. I refused. I offered to let him spend some time with the child the weekend of Thanksgiving to which he responded he would be out of town. Yeah try staying at the Ritz Carlton in Istanbul and posting his 5 star dinners on social media. December no payment and no word. He has it in his mind that come my sons 3rd Birthday he will have the right to just show up and take him for the weekend and skip all supervised visits. This is not in the best interest of the child who had behavioral challenges that the NCP knows nothing about. Being that he has three more weeks to make a payment before being placed in contempt is it possible for me to ask the judge to amend the custody order? If he doesn't want me to supervise visits he needs to do a minimum of 6 months of consistent visits in the presence of a social worker. Do I need an attorney to state that for me? Do I need proof IE texts, pics of his social media ect...how can I protect myself and my child? I appreciate any response or advice!Anonymoushttps://www.blogger.com/profile/17422244510197904589noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-90547509522975257062014-10-03T18:39:34.140-05:002014-10-03T18:39:34.140-05:00Question my husband became cp in 6/14/14 from craz...Question my husband became cp in 6/14/14 from crazy ex in dallas...we live in houston and she has sp over 100 miles n chose 1st 3rd n 5th bc she has no job to inconvenience her and someone funds her trips...we r to meet halfway in Centerville tx at 6pm but due to dismissal at school being 315 when u get thru the car rider line its almost 340 then change child in clothes she was sent home in by mom we r on the road by 4 from bw8 to 45 is 45 mins or more than 45 passing woodlands is 45 mins or more its impossible to make it by 6 we usually get there 730ish..weve pleaded with mother to change time n she refuses..although we notify her we r to b late wayy ahead and the day.of she.gets there at 6 and makes a police report and leaves before 730 without her child...she threatening contempt bc she doesnt get visitation even tho we notify her we r to be late and we show n shes not there...can we change plan to have her have 1 weekend a month like we did so we only have to take child out early once a month n can b enrolled in extracurricular activites and make weekend games..also so my hubby doeasnt have to leave work at 330 or earlier every other week shorting his check and could eventually cause problems at work? And can case be transferred to houston instead since child lives here now? We have our proof of notification and the only alternative to make it by 6 is to take child out at 2-230 bc there is no.early dismissal after 230 and.school already told us that is not what they recommended Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-44318397100432123412014-06-05T14:10:57.625-05:002014-06-05T14:10:57.625-05:00Leen, they do not get to censor who the competent ...Leen, they do not get to censor who the competent adult is. If they have a problem with his designation, then they need to file a motion with the court to change that provision. Otherwise he gets to make the choice.<br /><br />Your best course would be to contact an attorney in your area to enforce the order if they are denying you. In the meantime be sure to attempt to exercise all the visits and document what happens.<br /><br />Good luck.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-25104008858781852182014-06-05T14:10:49.379-05:002014-06-05T14:10:49.379-05:00Leen, they do not get to censor who the competent ...Leen, they do not get to censor who the competent adult is. If they have a problem with his designation, then they need to file a motion with the court to change that provision. Otherwise he gets to make the choice.<br /><br />Your best course would be to contact an attorney in your area to enforce the order if they are denying you. In the meantime be sure to attempt to exercise all the visits and document what happens.<br /><br />Good luck.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-51447819182336394082014-06-04T13:19:16.684-05:002014-06-04T13:19:16.684-05:00Hello I am the designated competent adult in a Joi...Hello I am the designated competent adult in a Joint Conservatorship in the State of Texas,<br /><br />Been researching the topic of assigning a competent adult and need some clarification on the Primary conservators rights versus the secondary conservators rights.<br /><br />My boyfriend works in the refineries and drives 6 hours every other weekend to spend time with his children. Because of his work schedule and job being so far away it is impossible for him to pick up the children at 6pm on Friday. I have been designated by him as the competent adult to pick up the kids for the last 6 months or so. Recently however we received an email from the primary conservators (his sister and brother in law) advising that they refuse to allow me to pick up the children because they do not want me at their home. There has been no outbursts, no problems, and there is no reason to disrupt this arrangement for any reason, accept that they want to cause my boyfriend complications. I have nothing on my record, nor does he for that matter, and there is no reason to suddenly not allow me access to pick up the children.<br /><br />Is it possible for them to deny me the competent adult to not pick up the children? I believe part of their concern and reason for this new found denial of access is that they believe that he is not spending time with his kids during his visitation times. Again he works over 6 hours away and drives up each weekend to see his kids without fail. Occasionally he is only able to come Sundays even though I pick up the kids on Fridays at 6pm, because he is required to work Saturdays occasionally. Most of the time however he arrives here at around 1 or 2am on Friday (err Saturday Night/Morning) spends time with his kids and then returns Sunday nights to go back to work.<br /><br />Are the Primary custodial parents allowed to prevent me from picking up the kids and how should a situation like this be handled? Should I still attempt pick up and then document every time that they deny me access to the children? Are they allowed to choose who the competent adult is especially if there is no reason to believe that I would or have caused any harm to come to the children?<br /><br />Please any help you can offer would be most appreciated.<br /><br />Thank You,<br /><br />Frustrated Competent Adult <br />Leenhttps://www.blogger.com/profile/05184579949848706029noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-12982182036135256102014-06-04T13:18:45.115-05:002014-06-04T13:18:45.115-05:00Hello I am the designated competent adult in a Joi...Hello I am the designated competent adult in a Joint Conservatorship in the State of Texas,<br /><br />Been researching the topic of assigning a competent adult and need some clarification on the Primary conservators rights versus the secondary conservators rights.<br /><br />My boyfriend works in the refineries and drives 6 hours every other weekend to spend time with his children. Because of his work schedule and job being so far away it is impossible for him to pick up the children at 6pm on Friday. I have been designated by him as the competent adult to pick up the kids for the last 6 months or so. Recently however we received an email from the primary conservators (his sister and brother in law) advising that they refuse to allow me to pick up the children because they do not want me at their home. There has been no outbursts, no problems, and there is no reason to disrupt this arrangement for any reason, accept that they want to cause my boyfriend complications. I have nothing on my record, nor does he for that matter, and there is no reason to suddenly not allow me access to pick up the children.<br /><br />Is it possible for them to deny me the competent adult to not pick up the children? I believe part of their concern and reason for this new found denial of access is that they believe that he is not spending time with his kids during his visitation times. Again he works over 6 hours away and drives up each weekend to see his kids without fail. Occasionally he is only able to come Sundays even though I pick up the kids on Fridays at 6pm, because he is required to work Saturdays occasionally. Most of the time however he arrives here at around 1 or 2am on Friday (err Saturday Night/Morning) spends time with his kids and then returns Sunday nights to go back to work.<br /><br />Are the Primary custodial parents allowed to prevent me from picking up the kids and how should a situation like this be handled? Should I still attempt pick up and then document every time that they deny me access to the children? Are they allowed to choose who the competent adult is especially if there is no reason to believe that I would or have caused any harm to come to the children?<br /><br />Please any help you can offer would be most appreciated.<br /><br />Thank You,<br /><br />Frustrated Competent Adult <br />Leenhttps://www.blogger.com/profile/05184579949848706029noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-37380747385383033422014-02-14T16:20:54.935-06:002014-02-14T16:20:54.935-06:00I'm a competent adult! Now my fiancés ex wife ...I'm a competent adult! Now my fiancés ex wife won't let me pick up the child. Just because she doesn't know me and she doesn't trust me. My question is how do we get it arrangement to fix this because in the court order doesn't state anything that I could not. A matual agreement could not work so he followed court order. But she says if it's not him picking up the child its Noone. Another thing is is that he works an hour out of town so by the time he gets home it's too late to pick up the child. The reason he wants to follow court is so that way he can get holidays summer vacations etc. So how to go apond this to make it right for the child.?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-1581531036187301692012-09-24T20:27:06.583-05:002012-09-24T20:27:06.583-05:00If a parent has repeatedly not followed visitation...If a parent has repeatedly not followed visitation orders and has threatened and stalked the mom and she has filed police reports as well was told by police he has open active warrant, she refused 1 visit and then tried to arrange for him to meet her at local police station he said he was there and she wasn't so he again got a lawyer to write a letter to hold her in contempt, he has a criminal background and in may was ordered to pay more cs as well as for ins, and braces/medical bills he was furious as well as his girlfriend and to date hasn't paid anything. She plans to hire an attorney this week however, per attorney general and police and a few lawyers over the phone informed she should not give him his daughter due to his open warrant, and she would be in trouble if he was arrested while she knew he had a warrant open? What is correct.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-18754853613086385472012-04-09T13:25:07.004-05:002012-04-09T13:25:07.004-05:00Sorry to answer for you Chris...I'm in the sam...Sorry to answer for you Chris...I'm in the same boat as blaznovsky. He has repeatedly violated his probation and he is behind in child support? If you are abiding by the decree the way you say, i.e. permitting dad to visit with children while not in jail, I seriously doubt the courts will grant his request to have the children live with him. A judge always tries to do what is best for the children. Your ex being the primary custodial parent doesn't appear to be in the best interests of your children.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-47277573663614487262012-03-12T16:14:49.084-05:002012-03-12T16:14:49.084-05:00What a wonderful blog! I stumbled on this today. ...What a wonderful blog! I stumbled on this today. I am a paralegal who moved from Dallas to Amarillo recently. My question is about how a Motion to Modify is handled. I looked at the statutes, but cannot get a clear cut answer. Even though the litigation will resume in the same Court under the same Cause Number, isn't the time period still the same as general civil litigation. For example: The Peition for Modification is filed, the Respondent has the Monday following 21 days to Answer and then the discovery period would begin? Is that correct? I am trying to get a general idea of when someone would actually get to trial after a Modification was filed. I do realizd courts will vary, but my experience has been no sooner than 6 months. Thank you kindly!Shannonhttps://www.blogger.com/profile/08200186998171630371noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-40579996678693399502011-11-25T20:31:20.762-06:002011-11-25T20:31:20.762-06:00I have a two year old. I was never married to her ...I have a two year old. I was never married to her father but he signed and agreed to pay child support. He has not called, visited, or left any message and all of a sudden wants to see her after not seeing her for 8 months. He's a stranger to her and cried when he tried to pick her up where she couldn't catch her breath. He blamed it on me and said he would file contempt charges. What documentation do I need and is this possible?ch00262https://www.blogger.com/profile/17186371883950911244noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-83491515751111447882011-09-25T22:32:10.778-05:002011-09-25T22:32:10.778-05:00I have a question... I live in Ellis County and i ...I have a question... I live in Ellis County and i am the CP and My ex husband lives in Dallas County he is the NCP. I left him in June of 2006. We were divorced in April of 2007. I remarried in August of 2010. We have 2 boys now age 15 and 12. My ex did not see the kids from June 06 till August 07. He did not show up for divorce hearing.He went to jail for a couple of months in 2007 for Probation Violation. He got no visitation rights due to the Step One class he did not go to. From August 2007 till about December of 2007 he seen the kids a few times. He skipped town for a year until the police found him in TN. and arrested him for probation violation. Was there a few months and then seen the kids a few times. He filled a motion to modify visitation. Judged agreed to supervised visits. We did this for 6mths. Then he got visitation in August 2009. In August 2010 he got arrested again for probation violation. Went to state jail for 1 yr. Just got out in August 2011. He is 11,000.00 behind on child support. My 12yr old wants to go live with him. I said no. So he is taking me to court. He is getting married in 2 weeks. <br /> My 12yr old does not have the mind of a 12yr old. He has the mind of a 9 or 10yr old. He had ADD/ADHD His Dr. would say this and his teachers from school would say this. <br /> What are the chances of a Judge granting this??blaznovskyhttps://www.blogger.com/profile/05170930445127516718noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-41414537994168905542011-08-29T21:07:24.889-05:002011-08-29T21:07:24.889-05:00Chris,
Thank you for your great blog responses.
...Chris,<br />Thank you for your great blog responses. <br />My ex-wife has been keeping my kids away from me during my court ordered visitations. This happens inconsitantly but over the past year has totaled about 60 days. I am planning on filing contempt charges and I do have the documentation (e-mails, police reports, and phone records of my calls) as proof. Communication with her is practically 0%. I know that the courts have their hands full with many cases and my issue is minor compared to many others. However, I do not know how to get me visitation inforced. We have joint conservatorship and the kids reside with her. What are the chances that the court will do more than simply slap her on the wrist to force her to comply in the future? Thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21560112.post-76757937069722485892011-07-07T11:22:01.833-05:002011-07-07T11:22:01.833-05:00Before you can enforce the order you have to follo...Before you can enforce the order you have to follow it to the "t". Review the order as to transfer and pick up provisions, etc... You have to fllow those exactly.<br /><br />If she denies visitation after you follow the letter of the order then she is in contempt and you can sue her.<br /><br />I would suggest that you contact a local attorney and have a consultation with them. They can help you prepare your case. It will need to be an attorney in the County where the order is out of.Chris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-35347892165860550692011-07-02T22:20:10.971-05:002011-07-02T22:20:10.971-05:00My husband and i moved to potter co 2 years ago. t...My husband and i moved to potter co 2 years ago. the child support order is from OAG and is standard. since we live more than 100 miles away he gets differect visitation. The mothers of the children will not let them come here. They say that this is too far away. the only time we get to see them is when we go there to visit every 3-6 months. They say that my husband has to prove to them that he is a good dad. How can he prove to them when we are 800 miles away. he pays his child support and carries insurance on them. When we lived in the same town we had the kids most of the time. The kids even live with their grandmother and not the mother. can we hold her in contempt of court for not allowing visitation. <br /> Kerri (kerri08081974@yahoo.comkerri0808https://www.blogger.com/profile/00257377000524190412noreply@blogger.comtag:blogger.com,1999:blog-21560112.post-15420242966153989092011-06-10T09:08:35.970-05:002011-06-10T09:08:35.970-05:00Anonymous, after such a long post I am not sure wh...Anonymous, after such a long post I am not sure what you are asking. The court cannot limit your residence or his residence. They can however, limit the child's residence.<br /><br />Please read my new blog at <br /><br />www.thedallasdivorceblog.comChris Schmiedekehttps://www.blogger.com/profile/05252893456286036003noreply@blogger.com