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Thread: Regular standard and expanded standard possession order

  1. #1
    cobra0478 is offline Junior Member
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    Regular standard and expanded standard possession order

    What is the name of your state?Texas
    Hello folks,This is my first post to the board.
    I would like to thank you for any help you may offer.
    First I need to understand the diference between (regular standard possession order) and (expanded standard possession order).
    This is pertaning to custody orders.
    I will have further questions I am sure.
    Thanks,
    Don
  2. #2
    jslopez711 is offline Member
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    Quote Originally Posted by cobra0478
    What is the name of your state?Texas
    Hello folks,This is my first post to the board.
    I would like to thank you for any help you may offer.
    First I need to understand the diference between (regular standard possession order) and (expanded standard possession order).
    This is pertaning to custody orders.
    I will have further questions I am sure.
    Thanks,
    Don
    The difference is the limitations allowed under the Texas Family Code SECTIONS 153.311 THROUGH 153.317. See, there are alternatives when you set the Order of Possession. Let's take Thursdays for instance. The law says you can have 2 hours every Thursday if you are an NCP (standard). The law also allows for the child to be picked-up at school and dropped off Friday the next day to school (standard expanded). All this must be EXPLICITLY stated in the Standard Order of Possession. There are a lot of these instances allowed within the code. Here are some helpful links.
    As you read this, remember that the times are completely negotiable.

    [url]http://www.raggiolaw.com/stanposs.html[/url]

    And you must become intimate with the Texas Family Code Chapters 151-160.

    [url]http://www.capitol.state.tx.us/statutes/fa.toc.htm[/url]
  3. #3
    cobra0478 is offline Junior Member
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    Texas
    islopez711,
    Thanks for your reply.
    OK i read the divorce papers closely as well as the links you provided.So now I don't know quiet where to begain with my next question,let me try tho.
    In the divorce order it is stated in the regular standard possession order that when the child attains (3) years of age that the father shall have possession and access to the child as per the following expanded standard possession order with overnite visitations on thursdays.
    Am I correct in asuming that since the child is only 15 months old that the extended order means nothing at this point?
    Here is briefly what is happening.
    The father insisted on summer visit of one month,my daughter refused,her
    lawyer says she has to let the child go.
    I believe that acording to the orders she does not.
    Your thoughts please.
    Thanks,
    Don
  4. #4
    stealth2 is offline Senior Member
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    I believe the TX standard possession order calls for one month to the NCP during the summer. I would also think that her lawyer would know better what she is required to do than a bunch of invisible people on the Internet, wouldn't you?
  5. #5
    casa is offline Senior Member
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    Quote Originally Posted by cobra0478
    Texas
    islopez711,
    Thanks for your reply.
    OK i read the divorce papers closely as well as the links you provided.So now I don't know quiet where to begain with my next question,let me try tho.
    In the divorce order it is stated in the regular standard possession order that when the child attains (3) years of age that the father shall have possession and access to the child as per the following expanded standard possession order with overnite visitations on thursdays.
    Am I correct in asuming that since the child is only 15 months old that the extended order means nothing at this point?
    Here is briefly what is happening.
    The father insisted on summer visit of one month,my daughter refused,her
    lawyer says she has to let the child go.
    I believe that acording to the orders she does not.
    Your thoughts please.
    Thanks,
    Don
    You quoted the reference to overnights on Thursdays~ What does the order say re; summer visitation?
  6. #6
    cobra0478 is offline Junior Member
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    You are probably correct about the lawyer's knowledge.
    I do question his answer because just a few mounths ago it was different,and my daughter was acting on his original statement concerning the visit..
    Don
  7. #7
    cobra0478 is offline Junior Member
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    Quote Originally Posted by casa
    You quoted the reference to overnights on Thursdays~ What does the order say re; summer visitation?
    Reading into the extended possession order for summer visitation it is pretty much the standard stuff.
    My thing tho is that it is clearly stated that the father does not have expanded visitation untill the child attains the age of (3).Or at least that is the way I am seeing this.
    Don
  8. #8
    stealth2 is offline Senior Member
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    This is what the Standard Possession Order states regarding summer if the parents live less than 100 miles apart:

    (2) Summer.

    (A) If the possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for thirty (30) days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation, to be exercised in not more than two (2) separate periods of at least seven (7) consecutive days each.

    (B) If the possessory conservator does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for thirty (30) consecutive days beginning at 6:00 o'clock p.m. on July 1 and ending at 6:00 o'clock p.m. on July 31.

    (C) If the managing conservator gives the possessory conservator written notice by June 1 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6:00 o'clock p.m. and ending at 6:00 o'clock p.m. on the following Sunday during any one period of possession by the possessory conservator under Subdivisions (b)(1) or (b)(2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place.

    (D) If the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend so designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day weekend if the possessory conservator is the father of the child.
  9. #9
    cobra0478 is offline Junior Member
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    I decided to call a long time friend who is a county judge in the county in which the divorce was granted,he suggested that I call a mutual friend who is a lawyer practicing for many years in the same county.I am waiting for his return call,and will let you know the outcome.
    Thanks for your thoughts and suggestions thus far.
    Don
  10. #10
    jslopez711 is offline Member
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    Quote Originally Posted by cobra0478
    Texas
    islopez711,
    Thanks for your reply.
    OK i read the divorce papers closely as well as the links you provided.So now I don't know quiet where to begain with my next question,let me try tho.
    In the divorce order it is stated in the regular standard possession order that when the child attains (3) years of age that the father shall have possession and access to the child as per the following expanded standard possession order with overnite visitations on thursdays.
    Am I correct in asuming that since the child is only 15 months old that the extended order means nothing at this point?
    Here is briefly what is happening.
    The father insisted on summer visit of one month,my daughter refused,her
    lawyer says she has to let the child go.
    I believe that acording to the orders she does not.
    Your thoughts please.
    Thanks,
    Don
    Yeah, she does need to let the child go unless the order is explicit to the restrictions during the Summer. If not, then the order is governed by the chapters within the code that apply to Summer extended vistiation.
    Is there a section there as to Visitation Agreement until the child reaches the age of 3. This is what I mean by having everything EXPLICIT on the CO. Your daughter should modify for clarity.

    The parents of this kid need to talk and agree on something for the child. Some sort of schedule for the Summer. 30 days without mom is a long time for a 15 month old. Alternate weeks, something.
  11. #11
    jslopez711 is offline Member
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    Quote Originally Posted by casa
    You quoted the reference to overnights on Thursdays~ What does the order say re; summer visitation?
    I don't think we are dealing with SOP here.
  12. #12
    cobra0478 is offline Junior Member
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    Quote Originally Posted by jslopez711
    Yeah, she does need to let the child go unless the order is explicit to the restrictions during the Summer. If not, then the order is governed by the chapters within the code that apply to Summer extended vistiation.
    Is there a section there as to Visitation Agreement until the child reaches the age of 3. This is what I mean by having everything EXPLICIT on the CO. Your daughter should modify for clarity.

    The parents of this kid need to talk and agree on something for the child. Some sort of schedule for the Summer. 30 days without mom is a long time for a 15 month old. Alternate weeks, something.
    Yes it is clearly written that when the child attains the age of (3) that the father shall have poessission and access as per the expanded order.
    I believe that the parents should be able to talk and work something out,however they are young and foolish,they are still fighting between themselves.
    The father is already receiving more priviledges than i understand he should,that is happening because I steped in and tryed to explain that the child should spend more time with her dad,that they should share the responsibilities.
    I believe that if a couple can't get along and end up divorcing the childreen involved should still have both parents,and should have shared visitation,and not have to be a part of the fight.To often the childreen don't get what they need through these times.
    My wife and I have supported my daughter and the baby since the divorce and tryed with an open mind to mediate the situitation.
    I believe a month is to long a time for a 15 month old to be without her mother,I also believe that they should work out a plain to do alt weeks,with the understanding that if the mother or father either need to be present during any given visit they should be called in.
    I have gone through 2 divorces in my life,neither was eaisy,I do believe tho that either of my X wives and I could haved worked together for the childreen,if there had been any.I was lucky,my 3 childreen were all born to my curent wife.
    Don
  13. #13
    cobra0478 is offline Junior Member
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    Update
    My lawyer friend says that the father is not intitled to have the child for summer visits untill she reaches the age of (3) years,unless the parents work out an agreement between themselves to the contrary.
    I am waiting on a friend to call me back who is a constable, in the precient,in the area we will be picking the child up from.
    I want him to go along to prevent trouble.
    Don
  14. #14
    stealth2 is offline Senior Member
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    To be perfectly honest? You are way too involved in this. I don't say that to be mean, as I have parents who were just as invested in my situation. But this is your daughter's kid, and her former relationship - and it's her and Dad who need to sort it out. You're really looking for trouble.
  15. #15
    issaka is offline Member
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    I would follow what your lawyer says. To me it sounds like the standard possesion order is in effect (which in Texas is July 1 - July 31 for summer visitation), and when the child turns three, the expanded order will take effect.

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