Summer Visitation in a Nutshell

For those who have possession and access under the Texas Standard Possession Order, making sense of the Summer visitation provisions can be quite the task. Hopefully this helps! Keep in mind that parents are always free to work out visitation by agreement. Whatever works for you is fine! The order is only in place for those times when you can't agree.


For parents who reside WITHIN 100 miles of each other:

1. If the non-custodial parent (NCP - the parent who does not have primary custody) gives the custodial parent (CP - the parent who has primary custody) WRITTEN notice by April 1, the NCP can choose to exercise his/her summer visitation in two separate periods of at least 7 days each. For example, 15 days in June and 15 days in July. Another example is 20 days in July and 10 days in August. It's really up to them. For those who choose to extend their visitation into the month of August, be advised that your visitation period must END 7 days before your child goes back to school. That means, if school starts on August 25, your August visitation must end by August 18.

2. If the NCP does NOT give WRITTEN notice by April 1, the NCP shall have summer visitation for 30 consecutive days beginning at 6:00 pm on July 1 and ending at 6:00 pm on July 31. Yes, that is a very long time. If the CP wants to see the child(ren) during this time, he/she must either give the NCP written notice by April 15 specifying a particular weekend that they want to have the child(ren) or give them 14days notice after April 16. This mean, the CP can have the children for one weekend during the NCP's summer possession as long as it does not interfere with Father's Day and as long as they give proper notice.


For parents who reside MORE than 100 miles apart:

1. The same provisions above apply, except that instead of 30 days in the summer, it's 42 days. If the NCP does NOT give the CP notice by April 1, the NCP will have possession beginning at 6:00 pm on June 15 and ending at 6:00 pm on July 27.

Likewise, if the CP wants to see the child(ren) during these 42 days, he/she must either give the NCP written notice by April 15 specifying up to TWO particular weekends that they want to have the child(ren) or give them 14 days notice after April 16. This mean, the CP can have the children for TWO weekends during the NCP's summer possession as long as it does not interfere with Father's Day and as long as they give proper notice.

SUMMARY:

Parents residing WITHIN 100 miles of each other:

• The NCP gets 30 days in the summer
• If the NCP wants to divide the 30 days into two separate periods, he/she must give the CP written notice by April 1.
• Each separate period above must be at least 7 days.
• If the NCP does not give written notice by April 1, he/she will have visitation for 30 consecutive days from July 1 - July 31
• If the CP wants to see the child(ren) during the NCP's summer possession, the CP may designate one full weekend that they want the child(ren). This notice must be given by April 15, in writing. If notice is not given by April 15, the CP can still have their weekend with 14 days notice as long as it doesn't interfere with Father's Day.
• All required notices should be in writing!

Parents who reside OVER 100 miles apart:

• The NCP gets 42 days in the summer.
• If the NCP wants to divide the 42 days into two separate periods, he/she must give the CP written notice by April 1.
• Each separate period must be at least 7 days.
• If the NCP does not give written notice by April 1, he/she will have visitation from June 15 - July 27.
• The CP can designate up to TWO weekends to have the children during the NCP's summer visitation (as long as it doesn't interfere with Father's Day).
• Notice must be given to the NCP in writing by April 1. If the CP does not give notice by April 1, he/she can still exercise their two weekends, but they must give 14 days notice for each one.
• All required notices should be in writing.

Regardless of Distance:

Keep in mind that should the NCP choose to exercise visitation in August, it must end at least 7 days before school starts.

Better Late Than Never? 81 Year Old Sues for Unpaid Child Support

Fights over children — who gets custody, how much for child support — are at the heart of any family law court on any given day. The faces change, but the stories and disputes rarely do.

So it is on today's docket in the Los Angeles courtroom of Judge Elia Weinbach. At least on paper. The dispute between Rosemary Douglas and Urban Joseph Grass over back child support seems familiar: She claims he never paid; he says he never knew.

In this case, however, the mom has a head of gray hair and has been collecting Social Security for more than a decade. The father was born in the heart of the Jazz Age, when a fellow named Coolidge resided in the White House. And the “child” in question is that only on some yellowing piece of paper. In real life he is a retired grandfather.

“He was ordered to do something. He didn't do it,” said the 81-year-old Douglas. “He didn't challenge it, not legally anyway. I'd always thought about this. It was never far from my mind. Finally I decided, why not? Why not try one more time?”

The story began in 1950. Douglas got pregnant and was not married. She insists Grass was the father and that he wanted nothing to do with her. After her son Gerald was born, she said she went to court to get an order for child support because she had no alternative.

No knowledge of order? Douglas claims Grass, who now lives in Pearland, refused to acknowledge the child and paid no attention to court proceedings. Grass, 82, could not be reached for comment. His attorney in California, Pedram Mansouri, offered a different version of events, saying Grass, then a young soldier, attended one court hearing that produced no child support order and was sent by the Army to Korea before any subsequent hearing. Mansouri claims Grass knew nothing of the order that he pay $50 a month in support.

Douglas insists she repeatedly tried to reach Grass and to get him to release funds from his military allotment to cover the support. She said he refused.

“He wouldn't sign for it, and he has used every ruse he could think of to get out of it,” she said.

The years went by. Douglas said she tried again through private attorneys to find him and get the support payment when Gerald was about 5 or 6 years old, then gave up. She married and had two more children. She worked for many years managing medical groups before retiring. Gerald spent 32 years in the Air Force and recently retired as a lieutenant colonel, she said.

Now a widow, Douglas said she could use the $57,000 that she claims Grass owes her, which includes ever-rising interest. But more important than the money, she said, is the principle. When she managed to locate him in Texas, she hired a process server to deliver court papers.

Now a widow, Douglas said she could use the $57,000 that she claims Grass owes her, which includes ever-rising interest. But more important than the money, she said, is the principle. When she managed to locate him in Texas, she hired a process server to deliver court papers.

“If a judgment is rendered, you have to satisfy that judgment,” she said. “He owes this.”

Mansouri, who was hired only last week and said he is not familiar with all of the details of the matter, said the case may hinge on whether Grass was ever notified of the second court hearing or the support order that came from it. There is no statute of limitations on child support, said Mansouri, who is skeptical that Douglas will be able to prove anything at today's hearing.

“We are hoping to make this go away pretty quickly,” Mansouri said. “I suspect it's an old lady down on her luck who's looking for some money.”

mike.tolson@chron.com

Free Marriage Education Classes

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2010 Great Texas Warrant Roundup

If you think you have an outstanding warrant, you might want to take care of it NOW!

Beginning March 6, 2010, anyone with an outstanding warrant WILL BE ARRESTED!

The warrant roundup is designed to target those with outstanding warrants for minor and major infractions such as traffic, parking, city ordinance, penal code and higher charges. With more than 300 law enforcement agencies participating across the state, this years’ warrant roundup is believed to be the largest of its kind. It lasts through March 20, and police say they'll come to your school, home or work, both day and night, to arrest you and bring you to jail!

The City of Houston Municipal Courts alone has thousands of active warrants it is seeking to clear. Municipal Court officials are encouraging defendants to take advantage of one of the options available to settle outstanding warrants. However, unlike last year, no amnesty is being offered in conjunction with the round-up effort.

Notices are being mailed to all defendants with active warrants pending against them and beginning TODAY, defendants can go in person to resolve their cases. Notices are being sent to each defendant's last known address, so if you have moved, you may not be notified! No letter does not mean no warrant! If you believe you may have an outstanding warrant, you should contact your local municipal court for further information. Click here to view a list of participating agencies.

Think Before You Post: Social-Networking and Family Court

To say social-networking sites such as Facebook, Myspace and Twitter are popular would be an understatement. With nearly 600 million combined members, these online gathering places allow users to keep tabs on current friends, reconnect with those long lost and even meet new people. From high school students to high powered executives, nearly everyone has a membership on one (or all) of these sites. For those looking to connect or reconnect, social-networking can be fun and even addictive. However, for those looking to disconnect or obtain a favorable verdict in family court, these sites can be very dangerous playgrounds.

Take for example the following cases:

1. Husband’s mistress tweeted about a fabulous new piece of jewelry he just bought her.

2. In a custody case, the mother (who was attempting to gain primary custody of her children) posted photos on Myspace that showed her drinking, smoking marijuana and engaging in inappropriate activities with both men and women.

3. A man, who claimed he needed a reduction in his child support obligation because he was unemployed, posted photos on Facebook of a new $60,000 luxury vehicle he had recently purchased. (His modification was denied).

4. A middle school student bragged about not having to go to school because his “mom doesn't care” whether he goes or not. (Dad was awarded primary custody in this case).

When a new client comes to my office for a divorce or custody consultation, I always ask whether they have an account on one of these sites. I then advise them to clean it up. Even if your profile is private, be careful what you post. Material found on these sites can be evidentiary gold-mines for your ex’s attorney. Think your page is secure? Think again. Your ex (or your ex’s new partner) may have befriended a friend of yours or created a fake profile all together to spy on you and possibly obtain unfavorable evidence that will help them in court! I have seen it happen.

If you are involved in a divorce or other family law matter, proceed with caution when deciding what to post on these sites. If you wouldn't want the Judge to see it, don’t post it!