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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?

or

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

 

           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


Thanks,


patton

 

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?






patton

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?  


 

Deleted

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?

(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.

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


Thanks

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?

State is Texas.

I have permanent sole custody of son since August 19, 2003. Case is in another county 240 miles roundtrip for me.  

I have never lived in the county, nor has the mother of the child.  Mother has moved twice since the rendition of the original order.

The Attorney General Office filed Contempts on mother for non-payment of child support.  Mother lied to attorney general office in court this week and said her attorney was out of town.  Postponement was granted and new hearing set for July 30th.

The mother's attorney did a Motion for Withdrawl of Counsel which was heard on May 14, 2004, and granted to mother's attorney.

The Child Support Manager, POI and WI Sections has taken a special interest in my case and ask me to let her know the outcome of the hearing.

Texas Family Code 155.201
Mandatory Transfer

(b) If a suit to modify or a motion to enforce an order is filed in the court having continuing, exclusive jurisdiction or a suit, on the timely motion of a partyt he court shall transfer the proceeding to another county in this state if the child has resided in the other county for six months or longer.
(c) If a suit to modify or a motion to enforce an order is pending at the time a subsequent suit to modify or motion to enforce is filed, the court may transfer the proceeding as proved by subsection (b) only if hte court could have transferred the proceeding at the time the first motion or suit was filed.

1. Will I be able to transfer the case up here before the July 30th hearing if I file the motion this week?

2. Should I contact the Attorney General's office of Texas and let them know she lied about her attorney?   ( I have the signed paperwork-copy)

3. Does this sound like a mandatory transfer to you?

4. Would there be anything to stop the transfer?

5. Do you think the Attorney General's office would move the case up here to my county?

Thanks for your time

Soc,

I'm looking for information on Loco Parentis Doctrine. which mean in the position or place of a parent.  

Father is Temporary Sole conservator (CP) and both maternal grandparents and mother are temporary possessory conservators  (NCP).

Court order read as:

IT IS ORDERED, that during their respective periods of possession, father as parent temporary sole managing conservator, and grandparents  (ONLY- no mention of the mother), as parent temporary possessory conservators, shall each have the following rights and duties:

It then list the 5 rights, and then goes on to say:

IT IS ORDERED that the father, as parent temporary sole managing conservator, shall the following exclusive rights and duty:

3. the right to receive and give receipt for periodic payments for the support fo the child and to hold or disburse these funds for the benefit of the child;

The mother was NOT given any rights, as she  did not appear. She is on state mental disability and is on probation for 4 years for child endangerment.  The grandparents were given the standard visitation for the State of Texas as possessory conservators.

1).  So if the grandparents are the possessory conservators, why are they not paying child support?

2) The Loco Parentis Doctrine seems to fit here.  Can we use this?

3) Does the Attorney General office only go after mothers and fathers for child support?  Not the Grandparents, standing in as the parents?

I'm getting a lot of conflicting information, so if you could help it would be appreciated.





 

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?


Thanks,

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?






patton

Are you a Robert Ludlum fan?  Is that where the deltabravo came from?

I have been curious about that a long time and wanted to ask.

patton

Does anyone have any stipulation in their court order about the non-custodial parent bringing back the child late?  I don't mean 10 minutes, but anywhere from 30 minutes to 2 hours late each visitation.  Or do you know of anyone that has any stipulation in their court order?

I have seen it stipulated for late pick up of child but not bringing child back on time.

If so could you please post the wording in your court order?

Or if you would like to post the wording as HOW you would word it.

I posted this to Soc also, but thought I would see if anyone else had any opinions on this or know if you can even do this.

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?

A little background first.  My cousin got emergency sole temporary custody last April 2003.  The mother of the child was in jail and charged with kidnapping and possession of cocaine along with her current druggie boyfriend.  The charges on the mother were dropped to endangerment to a child.

The child she kidnapped and her child showed traces of cocaine in their systems.  The boyfriend is still awaiting trial.  The mother nor the grandparents EVER call the father, my cousin, to let him know what going on, he find out by way of the newspaper all this stuff.  The mother and child have always lived with the grandparents at their home.

So the Judge that day gave my cousin sole temporary custody, with the grandparents wanting the Judge to give custody to them.  BUT the Judge did give them FULL visitation just like they were the other parent.  Supposed since the child had always lived with her mother there.  Anybody else ever had this problem?  Solution?

This has been going on for almost a year, the temporary order.  Yesterday they went to mediation.  Before they went my cousin's attorney said their attorney had already told her they weren't agreeing to anything.  My cousin was not very impressed with the mediator, as it seemed the mediator were like " of this is great the grandparents supporting their poor little daughter who lost custody."

My cousin and his wife had a VERY good four-phase parenting plan to work the mother back into the child's life.  The mother per the court order and Child Protective Services is NOT supposed to be in any physical contact with the child.  But she lives there with the grandparents.  So you know that's not happening.  Actually my cousin has seen the mother hiding in the backseat of her mother's vehicle when she picks up the child.

Any suggestions on how to go about this?  My cousin's attorney has told them, let's put this on the back burner and stall as long as possible.  For as long as he has custody, the child is establishing routine, school, friends, a social life, contact with a sibling, etc.

Can you actually see the Judge taking this child from the father and letting the grandparents/mother have her back?

Oh, and another thing, the mother/grandparents attorney also tried some scare tactics tellling my cousin it's going to cost you 30,000-40,000 and you're going to lose anyway, why not just sign over conservatorship now?  

Their attorney is very reasonable and not charging them an outlandlish amount; evidently like the grandparents are paying.

Thoughts or ideas are appreciated and I will pass them along to my cousin.

My cousin has temporary sole custody of his daughter as of April 2003. The mother was in jail for using cocaine and giving cocaine to the child. The mother has always lived with her parents, so the child had also lived there too up until my cousin was granted custody.

This all happened very fast as CPS got involved, the court, the Judge and BAM he had custody.  The grandparents pushed for visitation and at the time I thought it was a good idea as my daughter had lived there and I did not want to remove here with no contact at all.  

This was supposed to be mediated and settled within a couple of months. It's almost been a year now, as they have changed attorneys, asked for continuances and received them.

They are going to mediation on the 26th of February.

I know a precedent has been set, but it shouldn't have since this was supposed to have been taken care of in a shorter time.

My cousin does NOT want the grandparents in the court order, as he feels the mother should have some contact and visitation, probably supervised since she is on 4 years probation for the drug problem.  Then IF she wants her parents to see that child that is up to her.

Now if the mother and daughter were living there I would think the parents that are both in the medical field would have had some idea the daughter was doing drugs and are just as quilty as she is for giving the drugs to the child and a cousin.

Any suggestions on the wording will be greatly appreciated, as I'm helping them as much as I can.

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?