Summary
In Texas, you can submit custom temporary orders if they meet statutory requirements. Ensure the parenting plan prioritizes the childs best interests and complies with Texas Family Code sections 153 and 154. Amendments to pleadings are allowed under Rule 63, but must be filed timely or with court permission. Proper service of documents is crucial, and alternative methods like certified mail or a process server can be used if direct service is not possible. Clearly label amendments and ensure they meet procedural standards.Full Conversation
I need to see if I am able to submit a custom template for Temporary Orders or if it needs to be the standard Temporary Orders and attach the modified possession. I have a Parenting Plan that is vastly different and more detailed and I want to know if I am legally able to submit a custom template with the parenting plan. In essesnce, merging the two documents. I live in texas and this is a family law case.
Hi ****! In Texas, you can submit custom temporary orders, provided they meet the statutory requirements. Here's some general information:
- Custom Templates: You can submit a custom template for Temporary Orders.
- Parenting Plan: You can include a detailed Parenting Plan if it serves the child's best interests.
- Court Approval: The court must approve any custom orders.
Would you like more details on how to draft these documents or any specific requirements?
Yes. please be as specific as possible.
Sure, ****! Here are some detailed points to help you draft your custom temporary orders and parenting plan in Texas:
- Statutory Requirements: Ensure your custom template complies with Texas Family Code.
- Best Interests of the Child: The custom parenting plan should prioritize the child's best interests.
- Specific Provisions: Include specific provisions for custody, visitation, support, and other relevant issues.
- Clear Language: Use clear and precise language to avoid any ambiguity.
- File Properly: Submit the custom orders to the appropriate family court for approval.
Would you like guidance on specific sections or elements to include?
I need to know the statutory requirments
Hi ****! Here are the specific statutory requirements for temporary orders and parenting plans in Texas:
- Texas Family Code: Ensure compliance with sections * (Conservatorship, Possession, and Access) and * (Child Support) of the Texas Family Code.
- Best Interests of the Child: Align with Texas Family Code § *.*, which prioritizes the child's best interests.
- Detailed Provisions: Address custody (§ *.*), visitation (§ *.*), and child support (§ *.*).
- Court Approval: The court must review and approve your custom orders and parenting plan.
Would you like more details on any specific sections or how to submit these documents?
What would I name this document to let the judge know it is a Temporary Orders modified version instead of the standard?
Hi ****! You can name your document "Modified Temporary Orders with Custom Parenting Plan" to clearly indicate that it includes modifications and a detailed parenting plan.
Would you like any more details on how to format or submit this document?
?
You can name the document "Proposed Temporary Orders with Modified Parenting Plan" to indicate that it includes custom provisions. This should make it clear to the judge that your document is a modified version of the standard temporary orders.
Would you like more information on the submission process or any specific sections to include?
Rule * Texas Rules of Civil Prodecure
Hi ****! Rule * of the Texas Rules of Civil Procedure pertains to amendments and supplemental pleadings. It allows parties to amend their pleadings, including adding or modifying documents, as long as it's done within a reasonable time before trial or with the court's permission.
Here's a breakdown:
- Timing: Amendments should be filed within a reasonable time before trial.
- Court Permission: If filed late, you may need the court's permission.
- Content: Ensure the amendments comply with procedural and substantive laws.
Would you like more information on how to properly file these amendments?
What if the judge ordered mediation on the first trial date and then reset the trial date contigent on mediation?
Hi ****! If the judge ordered mediation on the first trial date and then reset the trial date contingent on mediation, here are a few key points:
- Mediation Requirement: You must attend and participate in the mediation process.
- New Trial Date: The trial date will only proceed after the mediation.
- Preparation: Be prepared to present your case during mediation.
Do you need more details on the mediation process or how to prepare for it?
How does this apply to rule * of the Texas Rules of Civil Procedur
Case Rating: *
Hi ****! Rule * allows amendments and supplemental pleadings. If mediation impacts your case, you can amend your pleadings accordingly. Here’s how it applies:
- Timing: Amendments must be timely, ideally before mediation.
- Court Permission: Late amendments may need court approval.
- Compliance: Ensure all changes comply with legal standards.
Would you like more details on filing these amendments before mediation?
What if the judge ordered mediation on the first trial date and then reset the trial date contigent on mediation? How does this apply to rule * of the Texas Rules of Civil Procedure
Hi ****! If the judge ordered mediation and reset the trial date contingent on it, Rule * still applies. Here’s how:
- Timing: Amend your pleadings before mediation, if possible.
- Court Permission: For late amendments, seek court approval.
- Compliance: Ensure all amendments meet procedural standards.
Would you like guidance on how to file these amendments before the mediation?
What if the judge ordered mediation on the first trial date and then reset the trial date contigent on mediation? How does this apply to rule * of the Texas Rules of Civil Procedure
Hi ****! Rule * of the Texas Rules of Civil Procedure allows amendments and supplemental pleadings. If the judge ordered mediation and reset the trial date contingent on mediation, you can amend your pleadings accordingly. Key points:
- Timing: Amendments should be made before mediation.
- Court Permission: Late amendments may need court approval.
- Compliance: Ensure all amendments comply with procedural rules.
Would you like more details on how to file these amendments before mediation?
We a;ready did mediation. am i allowed to still file amendments?
Hi ****! Yes, you can still file amendments after mediation. Under Rule * of the Texas Rules of Civil Procedure, you can amend your pleadings up until seven days before trial, unless the court grants permission for a later filing.
Would you like more details on how to proceed with filing these amendments?
Yes. I need to amend the temporary orders pleading I submitted.
Hi ****! You can amend your temporary orders pleading as per Rule * of the Texas Rules of Civil Procedure. Here's what you need to do:
- Timing: File your amendment at least seven days before the trial.
- Court Permission: If closer, seek court approval.
- Compliance: Ensure it meets all procedural and substantive requirements.
Would you like guidance on the specific steps to file the amendment?
When I file the amended temporary orders pleading, do I file the entire motion, order to appear and temporary orders as a whole? The motion and order to appear have already happened.
Hi ****! When filing the amended temporary orders pleading, you typically only need to file the amended document itself. Since the motion and order to appear have already occurred, they don't need to be refiled.
Would you like more specifics on how to structure your amended pleading?
So I would just file the amended Temporary Orders section of the whole pleading?
Hi ****! Yes, you would file just the amended Temporary Orders section. Make sure it clearly indicates that it is an amendment and includes all the necessary modifications and details. Would you like any specifics on how to format or present this amendment?
So I would just file the amended Temporary Orders section of the whole pleading?
Yes, ****! You would generally file just the amended Temporary Orders section of the entire pleading. Make sure to clearly label it as an amendment and ensure it aligns with Rule * of the Texas Rules of Civil Procedure.
Would you like guidance on how to format or submit this amendment?
Yes. My issue is that the orginal Temporary Orders was for sole custody. Where as the one I want to submit has a parenting plan. The other issue is that the respondent was never served by process server for the originla motion or Temporary orders paperwork. The Order to appear was served and she received that, but the rest was to be served by the constable. She moved and was unable to be served.
Hi ****! Here are some steps for your situation:
*. Amendment: File your amended Temporary Orders with the parenting plan.
*. Service of Process: Ensure the respondent is properly served with all documents, including the amended orders.
Would you like guidance on how to ensure proper service of the amended documents?
How can I serve her the whole pleading? She was never served but she appeared in court for the first court date.
If the respondent has already appeared in court, even if not formally served, you can still ensure she receives the full pleading. Here’s what you can do:
*. File a Motion for Substituted Service: Request alternative service methods.
*. Serve in Court: Since she appeared in court, you may be able to serve her directly there.
*. Mail Service: Send the documents via certified mail with a return receipt.
Would you like more details on these service methods?
I was under the impression that I cant serve her in person
Hi ****! In Texas, you generally cannot serve the documents yourself if you're a party to the case. Here are some alternative service methods:
*. Constable or Sheriff: They can serve the documents.
*. Certified Mail: Send via certified mail with a return receipt.
*. Process Server: Hire a professional process server.
Would you like more guidance on any of these methods?
*. REGULAR PARENTING SCHEDULE – HOME SCHOOL
a. The Regular Parenting Schedule is a routine for the parents to spend time with the child, having a cycle that starts over and repeats every week; as used herein, a week is a period of seven consecutive days beginning with Sunday and ending with Saturday.
b. The Regular Parenting Schedule begins on */*/* at *:* PM starting within week *.
c. The Regular Parenting Schedule is as follows:
Sunday *:00am – *:00pm - Jennifer
Monday *:30pm – *:00pm - Jennifer
Tuesday *:30pm – *:00pm - Jennifer
Wednesday *:30pm – *:00pm - Jennifer
Thursday
Friday
Saturday *:00pm – *:00am - Jennifer
Case Rating: *
Hi ****! Given your situation, here's what you should consider:
*. Custom Parenting Plan:
- Ensure the new plan complies with Texas Family Code.
- Prioritize the child's best interests in the plan.
- Clearly outline custody and visitation schedules.
*. Serving Documents:
- Hire a process server or contact the constable for serving.
- Use certified mail with a return receipt for additional proof.
Would you like guidance on drafting the parenting plan or more details on serving the documents?
I need to word this better for the a. and b sections as well as explain the schedule in a way that is clear for the judge and responsdent
Hi ****! Here's a clearer version for sections a and b, along with an explanation of the schedule:
Regular Parenting Schedule – Home School
a. Definition of Regular Parenting Schedule: The Regular Parenting Schedule establishes a consistent routine for both parents to spend time with the child. This cycle repeats weekly, with a week defined as seven consecutive days starting on Sunday and ending on Saturday.
b. Start Date: The Regular Parenting Schedule begins on October *, *, at *:* PM, initiating in Week *.
c. Weekly Schedule:
- Sunday: *:* AM – *:* PM with Jennifer
- Monday: *:* PM – *:* PM with Jennifer
- Tuesday: *:* PM – *:* PM with Jennifer
- Wednesday: *:* PM – *:* PM with Jennifer
- Saturday: *:* PM – *:* AM with Jennifer
Would you like more assistance on detailing other parts of the schedule or anything else?
section a and b need to specify home schooling as the bacling for that particular schedule
Hi ****! Here's a revised version of sections a and b that specifies home schooling:
Regular Parenting Schedule – Home School
a. Definition of Regular Parenting Schedule: The Regular Parenting Schedule is designed around the child's home schooling needs. It establishes a consistent routine for both parents to spend time with the child, with a cycle that repeats weekly (Sunday to Saturday).
b. Start Date and Home Schooling Context: The Regular Parenting Schedule, tailored to accommodate the child's home schooling, begins on October *, *, at *:* PM, initiating in Week *.
c. Weekly Schedule:
- Sunday: *:* AM – *:* PM with Jennifer
- Monday: *:* PM – *:* PM with Jennifer
- Tuesday: *:* PM – *:* PM with Jennifer
- Wednesday: *:* PM – *:* PM with Jennifer
- Saturday: *:* PM – *:* AM with Jennifer
Would you like more assistance with any other sections or details?
explain the later hours 10pm because home school is more flexible
Hi ****! Here's an explanation for the later hours due to home schooling:
~Regular Parenting Schedule – Home School
a. Definition of Regular Parenting Schedule: The Regular Parenting Schedule is designed around the child's home schooling needs, allowing for flexible and later hours. This cycle repeats weekly, from Sunday to Saturday.
b. Start Date and Home Schooling Context: The Regular Parenting Schedule, tailored to accommodate the child's home schooling, begins on October *, *, at *:* PM, initiating in Week *. Due to the flexibility of home schooling, later hours are feasible for the child.
c. Weekly Schedule:
- Sunday: *:* AM – *:* PM with Jennifer
- Monday: *:* PM – *:* PM with Jennifer
- Tuesday: *:* PM – *:* PM with Jennifer
- Wednesday: *:* PM – *:* PM with Jennifer
- Saturday: *:* PM – *:* AM with Jennifer
Would you like further assistance on any other part of the schedule or document
explain the later hours 10pm because home school is more flexible
Hi ****! Here's a revised version that explains the later hours due to home schooling flexibility:
Regular Parenting Schedule – Home School
a. Definition of Regular Parenting Schedule: The Regular Parenting Schedule is designed around the child's home schooling needs, offering a consistent routine for both parents to spend time with the child. The cycle repeats weekly, from Sunday to Saturday.
b. Start Date and Home Schooling Context: The Regular Parenting Schedule, tailored to accommodate the child's home schooling flexibility, begins on October *, *, at *:* PM, initiating in Week *. The schedule allows for later hours due to the adaptable nature of home schooling.
c. Weekly Schedule:
- Sunday: *:* AM – *:* PM with Jennifer
- Monday: *:* PM – *:* PM with Jennifer
- Tuesday: *:* PM – *:* PM with Jennifer
- Wednesday: *:* PM – *:* PM with Jennifer
- Saturday: *:* PM – *:* AM with Jennifer
Would you like any further adjustments
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