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Winter Break Custody Clarification
Summary
In Texas, winter break is generally considered a school holiday, but custody arrangements depend on the specific terms of your custody order. If your Standard Possession Order (SPO) doesnt explicitly address winter break, you typically follow the standard terms unless both parties agree otherwise. You can file a motion to modify custody or child support in the original county, and the custodial parent can request a transfer to the childs new county. You can object to this transfer if you believe there is potential bias. Children aged 12 or older can express their custody preferences to the judge, often in private chambers. You can request this in your initial modification motion, along with an order of protection to prevent coaching or emotional harm to the child.Full Conversation
Yeah for custody, I want to know if I can keep the children through that holiday period since it falls on my weekend preceding the holiday period
In Texas, custody arrangements during holidays can be specified in the custody order or parenting plan. Generally:
- Standard possession orders may outline holiday schedules.
- Winter break is often divided between parents.
- If the holiday period falls on your weekend, your custody plan will dictate if you can continue custody through the holiday.
Do you have a standard possession order or a custom custody arrangement in place?
- Standard possession orders may outline holiday schedules.
- Winter break is often divided between parents.
- If the holiday period falls on your weekend, your custody plan will dictate if you can continue custody through the holiday.
Do you have a standard possession order or a custom custody arrangement in place?
yes
In Texas, if you have a standard possession order, it typically includes specific provisions for holidays. Winter break might be divided, but the exact terms can vary. You should refer to your custody order to understand your rights. Consulting with a family law attorney could also provide clarity.
Would you like more information on standard possession orders in Texas?
Would you like more information on standard possession orders in Texas?
Okay, well there is no mention of Winter's break just break followed by a school holiday
It sounds like you need some clarity on your custody arrangement regarding winter break. Here's some general information:
- In Texas, a Standard Possession Order (SPO) often divides holidays between parents.
- Specific terms like "winter break" or "holiday period" can vary.
- Review your custody order carefully to see how it defines holiday periods.
Would you like guidance on how to interpret your custody order, or do you need help finding a family law attorney?
- In Texas, a Standard Possession Order (SPO) often divides holidays between parents.
- Specific terms like "winter break" or "holiday period" can vary.
- Review your custody order carefully to see how it defines holiday periods.
Would you like guidance on how to interpret your custody order, or do you need help finding a family law attorney?
Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by DANIEL WARREN BREEDEN ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, that weekend period of possession shall end at *:*
p.m. on that Monday.
This is what the order states
It seems like your Standard Possession Order (SPO) specifies that if a weekend period of possession ends on or is followed by a school holiday or teacher in-service day on a Monday, possession ends at *:* p.m. on that Monday. However, winter break isn't specifically addressed in the excerpt you provided.
Given the importance of this matter, consulting with a family law attorney to clarify the terms and ensure you are complying with the order would be beneficial.
Would you like assistance in finding a family law attorney in Texas?
Given the importance of this matter, consulting with a family law attorney to clarify the terms and ensure you are complying with the order would be beneficial.
Would you like assistance in finding a family law attorney in Texas?
Okay, so I wouldn't get them during that day on Monday ?
It appears from your Standard Possession Order that possession would end at *:* p.m. on Monday if it's a school holiday or teacher in-service day. But, winter break specifics aren’t covered here. Consulting a family law attorney can provide clarity. Would you like help finding a family law attorney in Texas?
So then is Winter break a school holiday, it is a school holiday, but for a whole week
Winter break is typically considered a school holiday, but how it applies to custody arrangements can vary. If your Standard Possession Order doesn't clarify, you might need legal advice to interpret it.
Would you like help finding a family law attorney in Texas?
Would you like help finding a family law attorney in Texas?
And if it doesn't clarify then I need to just go by the standard order or would it still apply?
In Texas, if your Standard Possession Order (SPO) does not explicitly address winter break, you generally follow the standard terms unless both parties agree otherwise. Consulting a family law attorney can help clarify any ambiguities and ensure compliance.
Would you like assistance in finding a family law attorney in Texas?
Would you like assistance in finding a family law attorney in Texas?
If the child has lived in another Texas county for the last 6 months, you must still file the modification case in the county where the current order was made. However, you have the option of asking the court to transfer the case to the child’s new home county. You must file a Motion to Transfer at the same time you file your Petition to Modify the Parent-Child Relationship. Talk to a lawyer about whether this makes sense for your case. My question what if I file a motion to modify, can the CP who lives in a different town have the modification case transferred there to her hometown of Bridge CIty?
If you file a motion to modify in the original county, the custodial parent (CP) can request to transfer the case to the new county where the child has lived for the past 6 months. The court will consider the best interests of the child when deciding.
Would you like more information on how to proceed with the Motion to Transfer?
Would you like more information on how to proceed with the Motion to Transfer?
But wouldn't that be biased?
In legal matters, courts aim to act in the best interests of the child, rather than showing bias towards either parent. That said, the custodial parent can request a transfer to the county where the child now resides, and the court will consider several factors before making a decision.
Would you like details on factors the court considers in such transfer requests?
Would you like details on factors the court considers in such transfer requests?
Could I object to that transfer due to potential bias since the custodial parent has friends and family in that area?
Yes, you can object to the transfer on grounds of potential bias. The court will consider your concerns along with other factors to determine the best interests of the child.
Would you like information on how to file an objection to the transfer?
Would you like information on how to file an objection to the transfer?
Can you help me find any new or relevant modification forms to modify child support and custody and pretty much everything in a custody order?
In Texas, you can find the necessary forms to modify child support and custody orders on the Texas Law Help website. Here are some commonly used forms:
- Petition to Modify the Parent-Child Relationship
- Motion to Transfer
- Child Support Review Request
Would you like more information on how to fill out these forms?
- Petition to Modify the Parent-Child Relationship
- Motion to Transfer
- Child Support Review Request
Would you like more information on how to fill out these forms?
Help me find these forms
Sure! You can find the forms you need on the Texas Law Help website. Here are the links to specific forms:
- [Petition to Modify the Parent-Child Relationship](https://texaslawhelp.org/form/petition-to-modify-parent-child-relationship)
- [Motion to Transfer](https://texaslawhelp.org/form/motion-to-transfer)
- [Child Support Review Request](https://texaslawhelp.org/form/child-support-review-request)
Would you like more information on how to fill out any of these forms?
- [Petition to Modify the Parent-Child Relationship](https://texaslawhelp.org/form/petition-to-modify-parent-child-relationship)
- [Motion to Transfer](https://texaslawhelp.org/form/motion-to-transfer)
- [Child Support Review Request](https://texaslawhelp.org/form/child-support-review-request)
Would you like more information on how to fill out any of these forms?
Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. what does this mean
It means the petitioner is formally objecting to having an associate judge handle the trial on the substantive issues or preside over a jury trial. This objection typically needs to be filed in writing and may be for various reasons, such as preferring a district judge or concerns about the associate judge's authority.
Would you like more information on how to file such an objection in Texas?
Would you like more information on how to file such an objection in Texas?
What if I want a jury trial, can I have a jury trial for a modification case ?
In Texas, you generally cannot request a jury trial for modifications of custody or child support cases. Jury trials are more common in initial custody determinations or divorces. Family law judges typically make decisions in modification cases based on the best interests of the child.
Do you need more information about how modification hearings are conducted?
Do you need more information about how modification hearings are conducted?
Oh but can I request it, there's no law saying that a modifcation case can't be heard by a jury
In Texas, while jury trials are rare for modification cases, you can request one. However, the decision to grant a jury trial is up to the judge.
Would you like information on how to submit a jury trial request for your modification case?
Would you like information on how to submit a jury trial request for your modification case?
Are there any cases where they have been granted?
Yes, there have been instances where jury trials were granted in modification cases, but they are rare and typically depend on the specific circumstances of the case. It’s best to consult with a family law attorney to understand the likelihood of your request being granted.
Would you like assistance in finding a family law attorney in Texas?
Would you like assistance in finding a family law attorney in Texas?
like what kind of specific circumstances, if this happens then that means that I can't have a child who is at least * speak tot the judge?
In Texas, a child who is 12 years or older can often express their preference to the judge regarding custody arrangements, but the judge is not obligated to follow the child's wishes.
- Specific circumstances where the child might not be allowed to speak include:
- If the judge believes it is not in the child's best interest.
- If the child's testimony could cause emotional harm.
- If the child is not a competent witness.
Would you like more detailed information on your specific situation?
- Specific circumstances where the child might not be allowed to speak include:
- If the judge believes it is not in the child's best interest.
- If the child's testimony could cause emotional harm.
- If the child is not a competent witness.
Would you like more detailed information on your specific situation?
So if the child talks to the judge, can it be in private or does it have to be during the hearing?
In Texas, a child can speak to the judge privately in chambers, rather than in an open court hearing. This is often done to ensure the child's comfort and to prevent any potential emotional distress.
Do you need information on how to request for your child to speak to the judge privately?
Do you need information on how to request for your child to speak to the judge privately?
yes, can I ask that in my initial motion to modify or does it have to be in a separate motion, are the initial motions to modify more generic usually?
In Texas, you can request that your child speak to the judge privately in your initial motion to modify. You can include a specific request for the judge to interview the child in chambers within your modification petition.
Would you like more details on how to draft this request in your motion?
Would you like more details on how to draft this request in your motion?
Yeah how do I do that
To request that the judge interview your child privately in your initial motion to modify, you can include language similar to this in your Petition to Modify the Parent-Child Relationship:
- Include a section titled "Request for Judge to Interview Child in Chambers."
- State that the child is at least 12 years old and would like to express their custody preferences.
- Request that the judge conduct the interview in chambers to ensure the child's comfort and reduce emotional distress.
Would you like more detailed wording or examples for this request?
- Include a section titled "Request for Judge to Interview Child in Chambers."
- State that the child is at least 12 years old and would like to express their custody preferences.
- Request that the judge conduct the interview in chambers to ensure the child's comfort and reduce emotional distress.
Would you like more detailed wording or examples for this request?
Yes and I can I also formally request in that section that I want an order of protection preventing the mother from coaching the child or causing emotional harm especially since she has the majority of visitation with the child, and also request that the mother refrain from having other family members and friends speak to the child or influence the child about the case, because there has been prior evidence of the mom coaching children about how to deny CPS questions and how to answer them, pertaining to her ex husband
To include in your Petition to Modify the Parent-Child Relationship, you can add the following:
~Request for Child Protection and Interview in Chambers
*. Interview in Chambers:
- State that the child is at least 12 years old and wishes to express their custody preferences.
- Request the judge to interview the child privately in chambers to ensure their comfort and reduce emotional distress.
*. Order of Protection:
- Request an order to prevent the mother from coaching the child or causing emotional harm.
- Request that the mother refrains from having other family members and friends speak to or influence the child about the case.
- Cite any prior evidence of coaching or influencing the child as a reason for this request.
Would you like more detailed information on how to draft these sections?
*. Interview in Chambers:
- State that the child is at least 12 years old and wishes to express their custody preferences.
- Request the judge to interview the child privately in chambers to ensure their comfort and reduce emotional distress.
*. Order of Protection:
- Request an order to prevent the mother from coaching the child or causing emotional harm.
- Request that the mother refrains from having other family members and friends speak to or influence the child about the case.
- Cite any prior evidence of coaching or influencing the child as a reason for this request.
Would you like more detailed information on how to draft these sections?
Okay, so draft those sections for me please now
Sure, here's a draft for your Petition to Modify the Parent-Child Relationship:
---
---
Request for Child Protection and Interview in Chambers
*. Interview in Chambers:
- The child, [Child's Name], is at least 12 years old and wishes to express their custody preferences.
- The petitioner requests that the judge interview the child privately in chambers to ensure their comfort and reduce emotional distress.
*. Order of Protection:
- The petitioner requests an order to prevent the mother, [Mother's Name], from coaching the child or causing emotional harm.
- The petitioner requests that the mother refrains from having other family members and friends speak to or influence the child about the case.
- The petitioner cites prior evidence of the mother coaching the child to deny CPS questions and instructing the child on how to answer them, particularly regarding her ex-husband.
---
Would you like more detailed guidance on any other part of your modification petition?
*. Interview in Chambers:
- The child, [Child's Name], is at least 12 years old and wishes to express their custody preferences.
- The petitioner requests that the judge interview the child privately in chambers to ensure their comfort and reduce emotional distress.
*. Order of Protection:
- The petitioner requests an order to prevent the mother, [Mother's Name], from coaching the child or causing emotional harm.
- The petitioner requests that the mother refrains from having other family members and friends speak to or influence the child about the case.
- The petitioner cites prior evidence of the mother coaching the child to deny CPS questions and instructing the child on how to answer them, particularly regarding her ex-husband.
---
Would you like more detailed guidance on any other part of your modification petition?
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