My previous blog discussed the immediate issue of spring break periods of possession, but as school districts throughout the state have started to move beyond extended spring break to suspending classes indefinitely, questions regarding parent possession periods remained beyond the spring break issue.  

Periods of possession in the Texas Family Code’s standard possession order, such as weekends for example, permit periods to begin when school is dismissed on Friday and to end when school resumes on Monday morning.

As a statewide emergency has been declared by Governor Greg Abbott, the Supreme Court of Texas has issued an emergency order (linked here) declaring that possession periods under the standard possession order will be determined by the child’s school calendar as originally published, despite the fact that the child’s school may not be currently in session.

This order provides a comprehensive and uniform statement for parents and children throughout the state of Texas, and will remain in effect through May 8, 2020 unless extended by the court.

Many schools in the area have announced that they will be extending Spring Break for one week in light of the evolving Covid-19 situation. This has led to questions whether this would extend a parent’s Spring Break possession period with the children this year.

Collin County District Courts have announced through their Facebook page that they are of the opinion that spring break as set forth in the Texas Family Code’s standard possession order is determined per the school district calendar as originally published. The majority of Dallas County Family District Courts have issued a similar statement.

While these informal expressions of opinion by the courts are not formal court rulings or orders rendered after a hearing in any particular case, they are certainly an indication of how the courts might approach this issue. Hopefully, these announcements will reduce confusion and anxiety, particularly for the children, in an already uncertain situation

Moving forward, common sense and civility should be the guide in all things, and especially co-parenting.

The Collin County “Standing Order on Children, Property & Conduct of Parties” was recently amended. This may lead to the question: what is a standing order anyway?

A standing order is an order issued by a court on its own motion, without any party to the suit requesting it, which applies in all cases filed in that court. In this instance, the standing order applies to all divorce suits, and suits affecting the parent-child relationship filed in Collin County, for the protection of the parties and preservation of property as the suit goes forward

The order must be attached to the first pleading in the suit and goes into effect immediately as a temporary restraining order as to all parties to the suit. If no party contests the order at a hearing within 14 days of the initial filing, the order will continue as a temporary injunction until the conclusion of the case.

Collin County is not the only county with a family law standing order. Other counties in North Texas (Dallas, Denton, and Rockwall, for example) and other counties throughout the state have issued them.

Here is a link to the new order in its entirety: Collin County Family Law Standing Order. Of note, is section 4 which requires each parent to produce certain information in a suit affecting the parent-child relationship.

The information must be produced within 30 days of the parent’s appearance in the suit and before any temporary hearing, and include:

• Information sufficient to identify the parent’s net resources and ability to pay child support
• Copies of income tax returns for the past two years, and current pay stubs
• Information regarding each child’s health insurance coverage
• Information regarding each child’s dental insurance coverage

The mandatory exchange provisions of the new Collin County standing order put the parties on notice as to what information the court needs in order to determine child support while the case is pending, including medical and dental support, as required by the Texas Family Code. As the term “mandatory” indicates, this is not merely a request or suggestion, but an order of the court-enforceable like any other order, including the penalties of contempt of court, for failure to comply.

The Texas Family Code sets out certain rights that parents have at all times unless limited by a court order. Many of those rights relate to health and education information and decision making—sometimes referred to as “meds and eds”.

In regard to a child’s education, a parent has the right to receive information and confer with the other parent. The right to access educational records and to confer with school officials regarding the child’s welfare and educational status is also included.

Finally, the parent has the right to attend school activities. Seems clear enough, but apparently not. This section of the Texas Family Code was recently amended to add the language:

including school lunches, performances, and field trips

Unfortunately, disputes have arisen when for example, a parent complains about the other parent having lunch with the child when it is not “their time” under the parenting time schedule. Absent some inappropriate behavior or other issues as to why the parent should not attend, such a dispute can deprive the child of parental involvement, and place the school in the middle of what should be a private family matter.

Trying to address those potential conflicts by adding language describing school activities is a positive step. However, there is always the danger that by defining school activities in part, some may take the position that if an activity isn’t listed, the other parent can’t attend. What about “Doughnuts with Dad”, the “Father-Daughter school dance”, etc.? While it may seem farfetched, it is not outside the range of possibility, or perhaps more appropriately: “the rage of possibility” that such an objection could be raised.

The start of a new school year is usually a “reset” for children and can be for parents as well to support and encourage them by attending as many of their activities as they can.

Or more accurately court ordered dental support. In suits affecting the parent-child relationship filed on or after September 1, 2018, the court shall order dental support for the child, in addition to child support and medical child support. Suits filed before that date will be governed by the prior law.

Similar to the Texas family code provisions regarding medical child support, the parties will be required to disclose whether the child is covered by dental insurance, and if so the details of that coverage, including cost; or it the child is not covered, if dental insurance is available at a reasonable cost. Reasonable cost is defined as a dental insurance premium that does not exceed 1.5% of the obligor’s annual resources, as that term is defined in the code.

In determining the manner in which the dental support will be provided, the court will look as to whether dental insurance is available through the employer of either parent or if not, is available through another source at a reasonable cost.

Again, as with medical support, the court as additional child support shall allocate between the parties, according to their circumstances, the payment of reasonable and necessary dental expenses not reimbursed by insurance, deductibles, and co-payments.

A parent who is ordered to pay dental support and fails to do so is liable for necessary dental expenses of the child, whether or not those expenses would have been paid if dental insurance had been provided.