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Topics - patton

Pages: 12
Texas State Forum / Medical in Texas
« on: Aug 13, 2005, 11:32:58 AM »
Question on medical ordered by the AG office.  If the AG offices orders the NCP to pay the medical and unpaid medical bills, then....

(1) Does the AG handle this in court, the same as the C/S?


(2) Would I have to hire an attorney or go pro se and file contempts?

Texas State Forum / Child support with Mental Diability
« on: Mar 24, 2004, 07:16:53 AM »

           Child support and medical support was denied by the Attorney General's Office because NCP parent has a mental disability and is drawing SDI (State Disability Insurance) from the State of Texas. Also this same parent was charged with Child Endangerment last year.

Grandparents have temporary possessory conservatorship (NCP) and visitation through Bextar County Texas court system. Also the court order states they are to pay child support and medical of which I've never received a penny. It does not state an amount.

1). Will anyone ever have to pay child support or medical support on this child?

2). Will grandparents just continue to have temporary visitation indefinately?

3) Can I asked the the court or the Attorney General to have the grandparents pay the child support, since the court order states they are the possessory conservators?

4) Has there ever been a case where the mother has a mental illness and is on state disibiity and the grandparents were given temporary possessory conservatorship and were made to pay Child support?

I need help here fellow Texans for my cousin




Texas State Forum / Texas Summer Visitation Questions?
« on: Dec 04, 2003, 02:15:09 PM »
My court order reads as follows:

Notwithstanding the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Sole Managing Conservator shall have a superior right of possession of the child as follows:

Summer Weekend Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 PM on Friday and ending at 6:00 PM on the following Sunday during any one period of possession by Possessory Conservator during Possessory Conservator’s extended summer visitation in that year, provided that if a period of possession by Possessory Conservator in that year exceeds thirty days, Sole Managing Conservator may have possession of child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Sole Managing Conservator picks up the child from Possessory Conservator and returns child to that same place.

Extended Summer Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which Possessory Conservator shall not have possession of the child, provided that the period or periods of extended summer possession.

Father’s Day Weekend – Each year beginning at 6:00 pm on the Friday preceding Father’s Day and ending at 6:00 pm on Father’s Day, provided that if Sole Managing Conservator is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Possessory Conservator’s residence and return the child to the same place.

Now stating all the above my questions are:

1. If non-custodial parent does not contact me before April 1, 2004 per the court order the non-custodial parent gets the child June 15, 2004 through July 27, 2004. So do I get the child on the following?

a. Father’s Day weekend June 18, 19 and 20th? This being my Father’s Day weekend.

b. July 2, 3, and 4th and July 16, 17, 18th these two weekends being my two non-consecutive weekends?

2.Can I also request extended vacation as follows even though this falls on the 1st standard weekend visitation for the time in May/June and the 5th and 1st weekends of July/August

a. May 31 through June 5, 2004 (7 days consecutive)?

b. July 30 through August 12, 2004 (14 days consecutive) without visitation interruption, so I can take son on two-week vacation before school starts?


Child Support Issues / Great News for Cousin today!
« on: Apr 12, 2004, 04:09:07 PM »
As some of you may have read before, cousin is in custody battle with grandparents of daughter and bipolar mother, that's on probation for giving child cocaine.

Mother has been drawing SSDI from the state since August 2003, and been claiming daughter also.  This was illegal and cousin will now get daughter's portion since more can't work and pay child support.

I would love to be a FLY on the wall when mother and grandparents get letter telling them they are getting less and will have to PAY BACK all that got illegally

Hopefully you all have read the "revised" tax law for unmarried father's, it's basically the same now as if you were divorced.

My question is if you retain custody during the year who gets to claim the child?

Case Scenario:  Parent (non-custodial) (never married) has child say from June 15, 2003 thru July 31, 2003 for summer visitation.  Parent (non-custodial is awarded primary or sole custody as of August 1, 2003.

Can you legally claim the child on your taxes?  


Shrink Rap / Deleted (NM)
« on: May 26, 2006, 06:42:14 AM »

Dear Socrateaser / Very short question
« on: May 17, 2006, 04:24:02 PM »
If you have a temporary restraining order to not disturb the peace of the child in Texas,  can the other party file for a Motion to Enforce for visitation?

Dear Socrateaser / Rule 11 Agreement
« on: Jun 14, 2005, 07:59:44 AM »
(1) Can two parties that are pro se file a Rule 11 agreement without an attorney?

Both times I've had a Rule 11 agreement I've had an attorney and so did the other party.  The Rule 11 is below and states you don't have to have an attorney.  There are a few minor items in the court order that need addressed and both parties agree to amend these items and we would like to do it pro se throught the courts.

(2) So if you understand this the way I do that you do not have to have an attorney, then do you understand this to be a legal binding agreement that amends the current court order?  

Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

(a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of attorney or party.

(b) Representations to Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

(1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.

(d) Inapplicability to Discovery. Subdivisions (a) through (c) of this rule do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of Rules 26 through 37.

Dear Socrateaser / Very Short question of yes or no?
« on: Mar 02, 2005, 09:24:26 AM »
If you get an emails from anyone that has CONFIDENTIAL at the top of the email is it illegal to post that email elsewhere for opinions or show it to anyone else?

Yes it's okay

No it's illegal


Dear Socrateaser / Set Visitation Question
« on: Sep 06, 2004, 07:13:29 AM »
If your court specifically states NCP to have child from 6:00 PM Friday to 6:00 PM on Sunday and NCP does not show up by 6:00 PM, or call or anything, and also brings child back 7:00, 7:30, 8:00 PM.  Court order also states NCP must notify other parent if they are NOT exercising their visitation.

1. Is bringng the child back after 6:00  considered contempt in the eyes of the court?

2. Is not calling or notifying the CP considered contempt also?

3. Is this grounds for modification?

Pages: 12
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