Houston Divorce Lawyer & Attorney : Cavers Law Firm : Texas Family Mediation & Adoption Lawyer

A parent or conservator may petition the court to order reasonable periods of electronic communication during the time when the child is not with that parent or conservator. Effective September 1, 2007, the Texas Legislature added Section 153.015 (“Electronic Communication with Child by Conservator”) to the Texas Family Code, which allows the court discretion to supplement a conservator’s possession and access to a child by ordering contact via telephone, e-mail, instant messaging or webcam. When considering whether to award electronic communication, the court will examine what is in the best interest of the child, whether electronic equipment necessary to facilitate the electronic communication is reasonably available to all parties, and any other factor the court considers appropriate. Section 153.015 of the Texas Family Code applies to a Suit Affecting the Parent-Child Relationship filed before, on, or after September 1, 2007.

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When parents are divorcing it’s not uncommon for communication to become tense. The most common mistake I see people make is to use their children as “messengers” for topics such as child support, unpaid bills, school activities, and when and how pick-up and drop-off will be accomplished. We’ve all heard the phrase “Don’t shoot the messenger!” Think about this and imagine how your child feels. 

If you and your spouse are not yet at the place where you can have a civil conversation, but must still communicate, try using e-mail. That provides you both with a communication tool that can be used at a safe distance without the tension of face-to-face or over the phone awkwardness. However, be nice in those e-mails and assume they could be the next court exhibit. 

If e-mail is still too hot to handle, another option is software found at www.ourfamilywizard.com. This site allows parents to manage children’s issues, school activities, calendars, and expenses. The site offers a tour and a range of plans. If you’re at your wit’s end, this might be a tool that can help you.

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In the Houston area the Harris County Child Support Registry, Office of the Attorney General, and Harris County Domestic Relations Office enacted the FOCAS Program.  FOCAS stands for Focus on Collections and Services.  A main objective of the FOCAS program is to monitor the collection of child support obligations from the non-custodial parent and to contact him/her if he/she falls behind in child support payments. 

The FOCAS program's services also include locating the non-custodial parent, enforcing existing child support orders, enforcing medical support orders, and even collecting child support through the interception of IRS tax refunds. 

For more information on FOCAS, visit www.hcdistrictclerk.com/Child_Support/focas.aspx

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In Texas public policy dictates that children should have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and provide a safe, stable and non-violent environment for the child. Further, it is the policy of this state to encourage parents to share in the rights and duties of raising their children – even after the parents have separated or dissolved their marriage. 

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Section 101.016 of the Texas Family Code defines “Joint Managing Conservatorship” as the sharing of the rights and duties of a parent by two parties, ordinarily parents, even if the exclusive right to make certain decisions may be awarded to one party.

Under Texas law it is presumed that the best interests of a child is served if the parents are appointed Joint Managing Conservators (JMCs) so long as doing so would not significantly impair the child’s physical health or emotional well-being. For instance, if a court finds that one of the spouses has a history of domestic violence, then the JMC presumption would be rebutted.

Even though Texas courts generally award joint managing conservatorship, one parent over the other is usually given the primary right to designate the child’s residence based on a geographic restriction, such as Harris County and the surrounding contiguous counties. 

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After the ad litem is appointed by the court, he/she is required by statute to: (1) interview the child in a developmentally appropriate manner if the child is four years old or older; (2) interview each person who has significant knowledge of the child’s history and condition; (3) investigate the facts of the case to the extent the attorney ad litem deems appropriate; (4) obtain and review copies of relevant records pertaining to the child; (5) participate in the litigation as the other attorneys do; (6) take any action consistent with the child’s interests that considers necessary to expedite the proceedings; and, (7) encourage settlement and the use of dispute resolution. 

Additional duties of the ad litem include eliciting the child’s goals of representation, advising the child, provide guidance to the child, and represent the child’s expressed objectives if the ad litem determines that the child is competent. 

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In divorce cases where the parents cannot come to an agreement over custody issues, the court often appoints an attorney to represent the child. When parents are in turmoil, sometimes they are unable to put aside personal differences.  The court appoints an ad litem to provide legal services to the child, and the ad litem has the duties of undivided loyalty, confidentiality, and competent representation. 

An ad litem attorney usually charges the same or similar hourly rates as the attorney for each parent. When the court must appoint an ad litem, the parties are required to pay the costs for this representation. In the Houston area, the cost for this attorney could be anywhere from $1,500 to $5,000 depending on the complexity of the custody case. In very limited circumstances, ad litem attorneys are available through volunteer organizations. 

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In some divorce cases, even after the divorce decree is signed, high levels of conflict and animosity remain between the parents. These are the parties who cannot seem to stay off the court’s docket and continue to seek official intervention for all kinds of matters even after the case is closed. Unfortunately, legal pleadings, motions and hearings will do nothing to solve the underlying problems. 

Where such circumstances exist, the court on its own motion, or on the motion of one the parties may, appoint a parenting coordinator. The parenting coordinator is an individual who serves as a non-judicial referee between the parties and acts as a third party neutral. This concept is similar to mediation. He/She will meet with each parent individually and the children (if age appropriate) before attempting to work with the parties to fashion a solution. 

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Juggling home, work, and children’s school and outside activities can be challenging even for the nuclear family, but trying to manage as a divorced family imposes even more difficulties – especially in terms of communications where relationships are strained.

Keeping a family calendar is an excellent way to keep organized. The same tool can be even more beneficial for families in transition. 

On-line resources may provide assistance to keep everything straight. 

www.sharekids.com

www.calendar.yahoo.com

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In family law cases where custody of a minor child is disputed, the family court may order a social study investigation. The objective of the investigation is to assesss the needs of the child as well as each parent's ability to meet those needs.

Investigators collection information from actual home visits, interviews with the parents, interviews with the child (when age appropriate), interviews with third party witnesses, school records, medical records, county agency records, and other sources to determine what is in the child's best interest.

A written report is filed with the family court in approximately 60 to 90 days after assignment. The report includes the investigator's recommendation as to which parent may provide the most nurturing, stable environment. The recommendation of the Investigator will be taken into consideration by the court when making a decision in the case.

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Parents with minor children who rely on timely payment of child support have another option besides waiting on a check from the Texas State Disbursement Unit.  Parents receiving child support have the option of receiving payments electronically deposited into a debit card account.  For more information on how to qualify for this service, please visit this web site:  www.hcdistrictclerk.com/child_support/Texas_Debit_Card.aspx

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Sometimes in child custody cases, the court may order one parent’s periods of possession and access to be supervised. A judge may order supervised visits if there is a history of family violence, child neglect, child abuse, if a parent has an active substance abuse problem, or other compelling reasons found by the court.

In some instances, the court may order the visitations occur at a facility such as the SAFE Program through the Harris County Victim’s Assistance Center.

While the parent ordered to have supervised visits through SAFE may feel shame, resentment or anger, it is important that he/she honor the court’s order and establish a positive history. 

Some advantages to consider about visiting your child through a program such as SAFE are that you will not have to interact with the other parent at all, which eliminates a great deal of hostility and anxiety. Drop off and pick up is facilitated by staff members. The time spent at the SAFE program is an opportunity for the child and parent to have fun together by talking, playing games, or participating in group activities. Unlike the custodial parent, the parent visiting through SAFE doesn’t have to hound the child to complete his/her homework assignments, do chores, or other mundane tasks associated with parenthood. Finally, supervised visitation through the SAFE program provides a venue for you to interact with your child where you may establish good history which will be reported to the court by un-bias third parties. The staff members who facilitate the program note how the visits are going and if the parent shows up. This history may provide future evidence to the court that supervised visits are no longer necessary. 

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The answer may depend upon which Texas court has jurisdiction over the case. The 14^th Court of Appeals in Houston, Texas and the Amarillo Court of Appeals have differing view points. 

If your case is in the Houston area, there is a tougher standard the custodial parent must satisfy to avoid being held in contempt (i.e., serving jail time for violating of a court order).

A 1995 Houston case requires that the custodial parent “drag the kids to the visiting parent’s car kicking and screaming” or face contempt. See Ex Parte Rosser, 899 S.W.2d 382 (Tex. App. – Houston [14^th Dist.] 1995, no writ). The only exception is if the custodial parent can affirmatively demonstrate his/her inability to compel the child to visit with the parent is involuntary. 

Other appellate courts have held that so long as the custodial parent has the children ready to go for visitation and they refuse, the custodial parent cannot be held in contempt. See Ex Parte Morgan, 886 S.W.2d 829 (Tex. App. – Amarillo 1994, no writ). 

In the realm of visitation drama, there may be instances where a parent: (1) actively discourages or impedes the visitation; (2) is passive about insisting that the child visit the other parent; or, (3) is truly unable to make a child comply with the visitation schedule. If your situation falls into the 1^st category, you run a high risk of behind held in contempt of court. If your situation falls into the 2^nd category, you might rethink your approach. Unless you have legitimately exercised every age-appropriate, reasonable option, the non-custodial parent may prevail in a contempt action. That may mean jail time for the parent who does not make concerted efforts insisting that the child visit the other parent, in addition to other penalties such as court costs and attorney’s fees. 

Of course, parents should exercise some common sense. It is quite different when a 9 or 10 year old digs in his/her heels about visitation. In that case, if there is no legitimate concern as to fitness of the other parent, some discipline is in order. The situation is quite different when a 16 year-old with a busy school and activity schedule decides for him/herself that he/she doesn’t want to spend time with the other parent. 

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