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(if necessary)
- Beginning (date) and ending (date) (NCP) is granted possession of (child) every Tuesday and Thursday from 6 PM ? 8 PM and every Saturday from noon to 4 PM supervised by _________________.
- Beginning (date) and ending (date) (NCP) is granted possession of (child) every Tuesday and Thursday from 6 PM ? 9 PM and every Saturday 9AM ? 5 PM supervised.
- Beginning (date) and ending (date) (NCP) is granted possession of (child) every Tuesday and Thursday from 6 PM ? 8 PM and every Saturday 9 AM ? Sunday Noon.
- Beginning (date) (NCP) is granted standard possession as attached to this order (as Exhibit A).
General Terms & Conditions
The Court orders that the following general terms and conditions of possession apply to steps 1-3 only. General terms and conditions for step 4 are ordered as attached to this order as Exhibit A.
- (CP) shall surrender the child to (NCP) at the beginning of each period of (NCP) possession at (CP) residence.
- (NCP) shall return the child to the residence of the (CP) at the end of each period of possession.
- The (NCP) may designate a competent adult to pick-up and return the child. *NOTE: these steps are designed to be 1-2 months in length and only where there is no previous relationship between the NCP and child.
For Non-Custodial Parents
By: Susan Durham, Attorney at Law
Buy cookie dough and a disposable pan to bake cookies. Let the kids cut and place the dough on the pan. (don't worry if they eat some) Set a timer and don't forget they're in the oven! If you buy sugar cookies, get decorator icing in various colors (the tiny gel type) so they can decorate.
Don't be afraid to throw the whole mess out when you're through (or the kids get bored)!
Let kids 'camp out' in sleeping bags in the living room. 'Tents' can be made of chairs and blankets. Have a peanut butter and jelly sandwich picnic under there. Ask them to help you 'pack' the picnic basket. Don't be afraid to join them on the floor. Don't worry about the mess, just have fun!
Recommended items to have on hand (most of these items can be purchased at a dollar store):
- Instant hot chocolate packets with marshmallows
- Instant noodle soups
- Microwave popcorn
- Packaged fruit cup, Jello, low fat puddings
- Disposable wipes (car, pocket, home)
- Rolls of paper towels to keep in your car and bathroom
- Tissue with aloe for sniffles - more small boxes, rather than one large box
- Extra toothbrushes
- An egg timer - for 'five more minutes!l'
- Fever strips, cough drops & children's Tylenol - don't panic and send them back if they get sick or have a headache - you can cope!
- Extra socks and underwear - make sure little girls in particular change their panties at least daily. Little girls can get infections if their underwear is dirty or wet. Get cotton.
- Monistat for little girls in case they get itchy 'done there.' Instruct them to smear the cream all over the area with their fingers. You can demonstrate the technique using your elbow. You?re going to have to scream through the bathroom door to supervise this one. Avoid sitting wet bathing suits.
- Micatin for little boys for jock itch - spray is preferable.
- Baths: Bathe frequently - kids like it and they smell better! Careful the water is not too hot. Get baby shampoo and bath colors (for painting the side of the tub)
- Spraying cold water is fun. Don-t worry about the mess. You can clean it later, you'll always remember the fun.
- Several pairs of 'one size' mittens in one or two colors (dollar store) - mittens tend to get separated, this way you can put unmatched pairs together!
- Water balloons and bubble liquid for hot days.
- Cheap wash cloths to wipe hands and faces in warm water often - use once then throw in laundry. A gentle warm face wash from a parent can be comfort after a bump or scrape or to dispel tears.
Good cheap movies to rent:
- For little girls: The Little Princess, Mulan
- For little boys: Pinocchio, Milo and Otis
- For everyone: A Muppet Christmas
General Advice:
FIRST RULE ? VERY IMPORTANT!!!
NEVER, NEVER, NEVER EVER tell a child, or his or her other parent, you will pick them up and not do it.
Children will press their little noses on windows for whole weekends at a time, making up excuses as to what may have happened to their parent. This is the step before deciding that Dad or Mom doesn't really love me. You will break your child's heart and boy, oh boy, will his or her other parent ever hate your guts! I will hate you too, so don't come to me if you have problems because you did this. Your job is no excuse. Your marriage is no excuse. Your parents' funerals are no excuse. Only death or dismemberment are excuses, and then you HAD BETTER CALL BEFORE YOU'RE EXPECTED!!! Not to do so is mean, evil and bad. My handy little memory trick, so you don't forget:
BE THERE OR BE DEAD
If you are married, or have a 'significant other' (SO), let them go do things on their own and you spend some time with just you and the kids. Your SO is NOT their Mommy / Daddy and never will be. Don't make the kids call him or her that. 'Miss or Mr. First Name' will do fine.
If they cry and ask for the other parent, don't panic, get angry, or feel insulted! Ask if they'd like to talk to him or her on the phone, and let them call her. They won't stay on for long, and it will reassure their other parent that you are being a good parent. Very young kids just want to make sure he or she still exists, and that being with you won't cut them off from him or her.
Reassure them that they will see the other parent (whenever your time is over). Offer a cup of warm chocolate / cold water and a quiet activity. Sit in a chair and read with them on your lap.
SAFETY: Dads tend to have a more casual approach to supervising. However, there are some boundaries which should NEVER be crossed.
DO NOT leave a child alone at a water / theme park because you want to go on a ride without them.
Rehearse various situations that might happen to them - pretend. "I'm a stranger. You don't know me. I come up to you and tell you your dad sent me to pick you up from school." Inform your kids that they MUST RUN AND SCREAM if certain things happen. e.g. Never get into a car voluntarily with a stranger. Never let anyone in the house. Kicking, screaming and making a huge scene have saved more kids than anything else. It is safer for a child to jump from a moving vehicle than to stay with a kidnapper.
Kids have been taught to be polite to adults. It is very hard for them to overcome their natural impulse to see adults as protective of them. You must convince them there are bad people in the world and that with strangers, it is better to embarrass an innocent stranger and have to apologize, than to risk being taken away by an evil one.
Make a plan for if you become separated at a store. Don't believe it won't happen, it will! When you go in, show your child what a store employee looks like (Target, red vest, etc.) and tell them to go up to one, or a policeman and tell them they're lost. Don't leave the kids alone at a table in a mall while you get food.
PUBLIC RESTROOMS: You will have to take a small child (younger than 10) to a restroom yourself. If you have a little girl, and you are a dad, approach a motherly-looking woman (not the one in the tight jeans) who is going into a bathroom with a child and ask her to take yours in with her. Stand by the door. If you can't find one, ask a decent-looking female employee to accompany your child. Never leave the door to the bathroom. Make sure there is not another exit.
HEALTH: Gently wash little faces and hands frequently in warm water to avoid illness and to comfort them.
CLOTHING: While you don?t have to return kids to mom spotless, you should be careful to change their dirty clothes at least daily and not send them back in something dirty.
Don?t gripe if they don't arrive with everything they might conceivably need. If money is a problem, go to thrift stores and buy used play clothes, warm jackets and sweaters. Let them wear them back to Mom - you will seem like a generous and wonderful Dad, and she'll be much easier to deal with on the big things, like your SO living with you.
Trips to the thrift store are particularly fun for little girls - purchase some 'dress up' clothes and 'grown up' party dresses, scarves and other items in fancy materials.
A good thrift store is Thrift Mart at 1131 Irving Blvd, conveniently located by an auto parts store. If you purchase a certain amount, the owner gives you a 50% off discount card for the next time you shop! They also have a used furniture store. Hours are M-Th 10-7; Fri, Sat 10-8; Sun 12-6. The furniture store is closed Sunday and Monday.
Let little girls go out in silly outfits. They will have to be serious all too soon!
FEEDING: Don't wait until kids say they're hungry. It is a wise man who feeds his kids before he brings them back to their mother! One of the big gripes I hear from moms is that 'he never feeds them.' If kids arrive at Mom's hungry, they won't remember the last time they've eaten, which will be her first question. If they don't remember, they might say, or she'll infer, that they were not fed at all. Meals don't have to be elaborate or even large. Microwave a couple of taquitos and wrap them up to put in their pockets when you're going out in the car or taking them home.
WORK: DO NOT plan to be at work on your children's weekends and leave SO to take care of the kids, even if she's willing to do it, and even if you could use the money. Let your employer know you are not available on the weekends you have with your kids. You can stay late when you don't have them.
Kids need to feel important and loved. It takes your time and effort to accomplish this and it is your responsibility. If it is UNAVIODABLE (which it should NOT BE more than once or twice a year), consider letting the kids stay with the other parent and try trading that weekend with one where she or he has something he or she must do. Don't leave kids with SOs when you are not planning to be there.
DISCIPLINE: SO's must NEVER physically punish the kids. They can physically stop them from doing something dangerous or annoying - grab any available part of the body to prevent running into the street, or place a hand on a should or leg to keep them from kicking the back of the car seat.
RUDENESS: DO NOT put up with the kids being rude or disrespectful of your SO. He or she is an adult, and your friend, and is entitled to respect. If he or she is petty and mean about the kids' other parent in front of them, it would be best to limit his or her contact with kids altogether. Kids will ALWAYS WITHOUT EXCEPTION say something like 'you're not my mommy and you can't tell me what to do.' Prepare your SO for this - it WILL happen - it seems to have been genetically implanted in their little brains. The best response is, 'We are in Mr. X's home and we both follow his rules here.' Don't threaten to take them home, that's what the little devil had in mind in the first place. Good luck with this one!
APOLOGIES FOR BAD CONDUCT: Since your SO is pretty helpless, YOU MUST be responsible for discipline: children shouldn't talk back to any adult, they should follow your SO's rules when in her home. Infractions should be handled privately and immediately with the child, and the child should be required to apologize to your SO, or any adult, for bad behavior (except perhaps the above statement, which I don't know what to do about.)
NEVER apologize behalf of a child. It does not demean a child to make them apologize for bad conduct or even for breaking something accidentally - it discourages them from repeating the conduct, and it teaches them responsibility for their actions. The consequences for failure or refusal to apologize when required is to temporarily lose something they like: TV time, computer games, a movie, a toy or a treat.
Think about the consequences for bad behavior. The punishment should fit the crime. You must not punish right away if you are angry. Tell them very specifically what they did wrong and that you will decide what the punishment will be. Let them think about it as part of the punishment. Punishment must be certain and related to and proportional with the behavior. If you are punishing all the time, you should take a parenting class. Constant punishment is child abuse.
POTTY TRAINING: NEVER PUNISH for accidents, particularly not for potty-training accidents. Kids feel terrible when they make this kind of mistake. It is your job, if your child is doing something for an extended period of time, to make sure they take time out to go to the potty. If there is an accident, it is just as much your fault as theirs. However, if potty training is becoming a nightmare, the child may be experience some psychological problem in connection with the confusing situation he or she is in. DON'T give up and put the child in a pull-up all weekend unless it is absolutely necessary. This training is a commitment between a good parent and the child. Offer lots of hugs, encouragement and reassurance. A call to the other parent might help too. Don't be surprised if a child who Mom says 'gets through the night' without an accident needs a pull-up at night when he / she is with you. Activities with Dads are generally more tiring and a child may sleep more soundly with him. Just go ahead and let them have it at night as long as they need it.
REWARD: Always reward good behavior promptly: Describe exactly what they did right. Use lavish praise, hugs, special projects (i.e. making a model plane together,) etc. Rewards do not have to cost you anything but the pleasure a child gets from having made their parent proud. You can purchase small things from the thrift store to keep in a drawer for when they do something good - let them pick their reward!
ROAD TRIPS: Force yourself to make frequent potty stops on road trips. Yes, I know, that is against your religion. Just do it anyways! Don't take their word for it that they don't have to go. Yelling after an accident won't work as well as stopping - and, it's hard to get urine out of upholstery.
PICTURES: Take lots of pictures of the kids when they're with you. No bathtub pictures of kids! No pictures of kids kissing unrelated persons. Get the throw-away cameras and mark on the outside the dates and events they contain in case you can't get them developed right away. They are great evidence, if you ever need it - which you won't!
Have a wonderful time with your child(ren)!!!
By: Susan Durham, Attorney at Law
DATE:
Name of parent in possession
Address
City, State, ZIP
Re: Notice of Child Access of Possession
Dear (parent in possession):
This letter is to inform you that I will exercise my rights to access and possession of our child(ren) as set forth in the court order from the (district or county court number) for (name of county) County, Texas, signed the _________ day of ____________________.
I will be at (the place designated in the court order for you to pick up your child) at (the time designated in the court order for you to take possession) on (the date designated in the order for you to take possession of your child) to exercise my rights to access and possession. The child(ren) will be returned to you as required by the court order.
I will expect you to have our child(ren) ready for my access and possession as provided for in the court order. If there is some reason the child(ren) can not be made available for my access and possession rights you should call me immediately at (provide a telephone number) to discuss the matter. Interference with my rights by failure to obey the court order for access or possession will result in further costly and unnecessary litigation to enforce the order by contempt of court charges against you. Child support arrearage is not a justification or defense to a charge of contempt for interference with rights to access and possession. A court finding of contempt can result in both jail time and a fine together with attorney fees and court costs.
Sincerely,
Your Name
Address
Telephone
By: Susan Durham, Attorney at Law
FIRST read your order!!! If you have lost your order, it is available through the Clerk of the District Court in which your case was heard. In Dallas, you go to the records office of the District Courthouse at 600 Commerce Street, Dallas, Texas 75202. It is in the basement. Have your copy certified by the court. If you do not understand what it says, take it to an attorney to have them explain it to you. They will charge you a minimal fee for this service. As a rule you DO NOT have to call before you exercise your visitation. Just show up.
THINGS TO TAKE WITH YOU:
- A copy of your order
- A witness
- Your journal
- A copy of our Warning to Parents
SECOND maintain a journal of the dates and times when you are actually denied visitation/possession of your child(ren.) Maintaining an accurate journal is necessary before you can enforce your visitation/possession rights in court. The journal must also be kept at the same time as the denials occur. In other words, you should make your journal entries as soon as possible after each actual denial so the event is recorded while still fresh in your mind. AN actual denial is when you physically go to the place where you are supposed to meet or pick up your child(ren.) This does not include when you are told over the telephone that you will be denied before the scheduled date and time.
It is also very helpful to your attorney to use a book sized calendar for your journal because the times are already written in the calendar and it makes it easier to compare the calendar to the court order which outlines when you are to have visitation/possession with your child(ren.)
It is very important to have a witness present at the denial. You should use someone who will be available to testify in court if necessary. Keep that person?s name, address and phone number. It is preferred, if you are a man, that you use another man as your witness----if you are a woman, another woman.
DO NOT BRING YOUR SIGNIFICANT OTHER TO PICK UP YOUR KIDS!
If things get ugly YOU MUST RETREAT. If you know the child(ren) were at the location, and there is a police station nearby, go and see if a police officer will 'stand by' while you pick up your kids. See if you can pick up the children at a convenient place that is away from the other parent's home, such as an aunt or grandparent's home. If the court finds there has been fighting at the pick-up and drop-offs, it may order you to exchange the child(ren) at a for-pay facility, and that will cost you money.
Your journal/calendar must include the following information in order for it to be of any use to your attorney in enforcing your visitation/possession rights in court:
- Date of Denial
- Time of Denial
- What occurred at the denial (e.g. no one answered the door, you were told to go away, you were told your child(ren) were not home, etc.)
- Name of any witnesses of the denial
If you have any questions about hot to keep your journal/calendar, please feel free to contact us.
I too had interference problems with the CP (mom). I have successfully used this code section below and got an officer to meet me, showed court orders for custody time, he promptly wrote an incident report and offered to testify. (see GA code below and check your family code here)
This same officer said that I had done a smart thing by having my court papers (a certified copy) with me to show custody time and calling the police to accompany me before showing up at the mother's residence. Plus I had started taking "credible" witnesses (like off duty officers), notebook for logging events, tape recorder and hidden mike to capture all conversations, threats, etc.
The officer told me, "I wish more men handled this situation like you, Mr. Anderson". Occasionaly, I have had to arrest the angry father because the situation escalated and he did something stupid and broke the law". "Also Mr. Anderson, without the court order showing your possession times, I would have had to arrest you for trespassing if you did not leave the mother's residence after she refused to let the child accompany you and told you to leave. This was the RockDale Sheriff's office in Conyers. {great to work with}
See GA code 16-5-45.
(a) As used in this Code section, the term:
(1) "Child" means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings.
(2) "Committed person" means any child or other person whose custody is entrusted to another individual by authority of law.
(3) "Lawful custody" means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-45, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction.
(b) (1) A person commits the offense of interference with custody when without lawful authority to do so the person:
(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;
(B) Knowingly harbors any child or committed person who has absconded; or
(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.
(2) A person convicted of the offense of interference with custody shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;
(B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and
C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(c) (1) A person commits the offense of interstate interference with custody when without lawful authority to do so the person knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state.
(2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation.
(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.
[Use this law if you have a court order that specifies visitation/ custody times. NEVER use language "NCP shall have reasonable or liberal visitation /custody". It is so vague that it is not enforceable and difficult to use this law for enforcement].
Getting a judge to judge to convict the interfering parent or any other party for violation in trial court, is another matter. Repeated uses of this code section and uses a court reporter can be used to establish a pattern and seek action against the judge for violating his oath of office. It is not easy as getting child support enforced, but you can use it. Keep up the fight for enforced shared parenting.
Carnell & Lisa Smith - Victims, Exec. Directors & Founders US Citizens Against Paternity Fraud (US-CAPF)
Get 50/50 Time With Your Child(ren)
1 week on = 1 week off
6:00 pm Exchange of the child on any day of the week
2 weeks each during the summer
Split Holidays
Note: 365 = 183 / 182
Option: Add a weekday overnight for parent not in possession
2,2,5,5, schedule
Monday & Tuesday / Wednesday & Thursday / rotate weekends
Standard Holidays
Summer: July 1st – 15th / July 15th – 31st Rotate off & even years
6:00 pm pickup 1st, 2nd, and 4th Friday – returns child to school on Monday
6:00 pm Thursday – returns at time school resumes on Friday
30 days in the summer (2 weekends)
Pickup by April 1st or 6:00 pm on June 15th – return 6:00 pm July 27th
Split Holidays
Note: 365 = 183 / 182
6:00 pm pickup 1st, 3rd, and 5th Friday – returns child to school on Monday
6:00 pm Thursday returns at time school resumes on Friday
6:00 pm the Wednesdays preceding the 2nd & 4th Friday and ending at the time school resumes or 8 pm Thursday
30 days in summer (2 weekends)
Split Holiday
Other Additional Options to include:
Pickup child after school or at daycare and return child to school or daycare
Every Wednesday or Thursday all year
42 days in the summer (2 weekends)
Right of 1st refusal
Specific orders for phone and internet access
Domicile Restriction to the County or Counties /// even better yet, to a certain SCHOOL DISTRICT
Title 6 Offenses Against The Family
**It is our recommendation if you have a problem with visitation. and your case is in the State of Texas, to bring your order and a copy of this Penal Code with you when you attempt your visitation. If your case is outside the State of Texas, check with the state in which the case is being held to see if they have a similar Penal Code.**
25.03 Interference With Child Custody
(a) A person commits an offense if the person takes or retains a child younger than 18 years when the person:
(1) knows that the person?s taking or retention violates the express terms of a judgment or order of a court disposing of the child?s custody; or
(2) has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child?s custody has been filled, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child.
(b) A non-custodial parent commits an offense if with the intent to interfere with the lawful custody of a child younger than 18 years, the non-custodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.
(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district of the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense.
(d) An offense under this section is a state jail felony.
25.031 Agreement to Abduct From Custody
(a) A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order or u under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order.
(b) An offense under this section is a state jail felony.
For The Year 2013
This article is for non-custodial parents with TEXAS visitation orders. In Texas, non-custodial parents have visitation (possession) for Thanksgiving in odd-numbered years beginning at 6:00 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6:00 p.m. on the following Sunday or Monday if the order allows for extended possession. Based on the Standard Texas Possession schedule, the non-custodial conservator will not have visitation/possession for Thanksgiving in 2012. The non-custodial parent does get the third Friday. November 16th through Sunday November 19th or to 8:00 a.m. Monday, November 19th if you have standard extended possession.
Christmas:
The Christmas holidays in Texas are divided in half by odd and even years. The non-custodial parent in even years (2012) will have the right to possession of the child beginning on the day school recesses for the Christmas holidays. Most school districts will recess on Friday, December 21st. You will need to check with your school district. The Christmas possession time will end at either noon, December 26th or noon, December 28th. The ending date for Standard Texas Possession schedule changed around 2005. double check your court order. The custodial parent gets the second half of the Christmas holiday up to the time school resumes.
Fathers for Equal Rights will be open Saturday, December 22nd from 10:00 a.m. to 1:00 p.m. and have an attorney available in both offices. Writs of Habeas Corpus and Motions for Enforcement will be prepared for members for filing with the court the next day. Bring a copy of your court order and the custodial parents address. For more information call 214-953-2233 or just come visit our Dallas office at 701 Commerce Street, Suite 302, Dallas, TX 75202. We are located in the Katy Building, two blocks east of I-35. We also have an office in Fort Worth, located at 1500 North Main Street, Suite 120, Fort Worth, TX 76164. Call 817-870-4880 for directions.