NO. B-98-0939-F
IN THE MATTER OF THE MARRIAGE §
IN THE DISTRICT COURT OF OF SACHA EMERSON §
§
AND TIM EMERSON §
TOM GREEN COUNTY, TEXAS §
AND IN THE INTEREST OF §
LOGAN ASHLEY EMERSON §
119TH JUDICIAL DISTRICT
TEMPORARY ORDERS
On September 4, 1998, the court considered Petitioner's application for temporary orders.
Appearances
Petitioner, Sacha Emerson, appeared by attorney and announced ready.Respondent, Tim Emerson, appeared in person and announced ready.
Jurisdiction
The Court, having considered the pleadings, evidence of the parties, and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that this Court has jurisdiction over the parties and subject matter of this cause.
Child
The court finds that the following orders for the safety and welfare of the child are in the best interest of the child.Temporary Sole Managing Conservator
IT IS ORDERED that Sacha Emerson is appointed Temporary Sole Managing Conservator of the child.
IT IS ORDERED that Temporary Managing Conservator shall have
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the following rights, privileges, duties, and powers, subject to the rights, privileges, duties, and powers of any temporary possessory conservator named in the order:
1. The right to have physical possession of the child and to establish the child's legal domicile;
2. The duty of care, control, protection, moral and religious training, and reasonable discipline of the child;
3. The duty to support the child, including providing the child with clothing, food, shelter, medical care, and education;
4. The duty to manage the estate of the child, except when a guardian of the estate has been appointed;
5. The right to the services and earnings of the child;
6. The power to consent to marriage, to enlistment in the armed forces of the United States, and to medical, psychiatric, and surgical treatment;
7. The power to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
8. The power to receive and give receipt for payments for the support of the child and to hold or disburse any funds for the benefit of the child;
9. Any other right, privilege, duty, or power existing between a parent and child by virtue of law.
Temporary Possessory Conservator
IT IS ORDERED that Tim Emerson is appointed Temporary Possessory Conservator of the child.
IT IS ORDERED that Temporary Possessory Conservator shall have the following rights, privileges, duties, and powers:
1. The duty of care, control, protection, and reasonable discipline of the child during periods of possession;
2. The duty to provide the child with clothing, food, and shelter during periods of possession;
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3. The power to consent to medical and surgical treatment during an emergency involving an immediate danger to the health and safety of the child during periods of possession;
4. The right of access to medical, dental, and educational records of the child during periods of possession;
IT IS ORDERED that the parties shall have possession of the child at any and all times mutually agreed to in advance by the parties and, in the absence of mutual agreement, as specified in the Standard Visitation order attached hereto as Exhibit "A" and incorporated herein for all purposes.
Support
IT IS ORDERED AND DECREED that Tim Emerson is obligated to pay child support to Sacha Emerson child support of $1,000.00 per month, payable in two installments per month with the first installment of $500.00 being due and payable on September 15, 1998, and a like payment being due on October 1, 1998, and like payments due and payable on the 1st and 15th day of each month thereafter until further order of the Court.
Property
IT IS ORDERED that Petitioner have exclusive use and control of the 1996 Ford Explorer.
Temporary Injunction
IT IS ORDERED that Respondent and his agents, servants, employees, attorneys, and those persons in active concert or participation with him who receive actual notice of this order by personal service or otherwise is enjoined from:
1. Intentionally communicating with the Petitioner in person, by telephone, or in writing in vulgar, profane,
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obscene, or indecent language, or in a coarse or offensive manner.
2. Threatening Petitioner in person, by telephone, or in writing to take unlawful action against any person.
3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication.
4. Intentionally, knowingly, or recklessly causing bodily injury to Petitioner or to a child of either party.
5. Threatening Petitioner or a child of either party with imminent bodily injury.
6. Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties, or either of them.
7. Intentionally falsifying any writing or record relating to the property of either party.
8. Intentionally misrepresenting or refusing to disclose to either party or to the Court, on proper request, the existence, amount, or location of any property of the parties, or either of them.
9. Intentionally or knowingly damaging or destroying the tangible property of the parties, or either of them, including any document that represents or embodies anything of value.
10. Intentionally or knowingly tampering with the tangible property of the parties, or either of them, including any document that represents or embodies anything of value, and causing pecuniary loss or substantial inconvenience to either party.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court, or as necessary for ordinary business or living expenses.
12. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court, or as necessary for ordinary business or living expenses.
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13. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this court, or as necessary for ordinary business or living expenses.
14. Spending any sum of cash in either parties possession or subject to either parties control for any purpose, except as specifically authorized by order of this Court, or as necessary for ordinary business or living expenses.
15. Making any withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account.
16. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent.
18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties' children.
19. Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons including the parties' minor children.
20. Opening or diverting mail addressed to either party.
21. Signing or endorsing either parties name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to either party without the personal signature of either party.
22. Taking any action to terminate or limit credit or charge cards in the name of either party.
These temporary orders shall continue in force until the signing of the final decree of divorce or until further order of this court.
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SIGNED on September 14, 1998
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JUDGE PRESIDING
WARNINGS TO PARTIES
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD-SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY'S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
EACH PERSON WHO IS A PARTY TO THIS ORDER OR DECREE IS ORDERED TO NOTIFY THE CLERK OF THIS COURT WITHIN 10 DAYS AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF PLACE OF EMPLOYMENT, OR WORK TELEPHONE NUMBER. ALL NOTICES SHALL BE IN WRITING AND SHALL STATE THE NEW INFORMATION AND THE EFFECTIVE DATE OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO THE CLERK OF THE COURT CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER OR DECREE, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR IS ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE TO OBEY THE ORDER OF THIS COURT TO PROVIDE THE CLERK WITH THE CURRENT MAILING ADDRESS OF A PARTY MAY RESULT IN THE ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS OF RECORD.
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EXHIBIT: "A"
STANDARD POSSESSION ORDER
(VISITATION SCHEDULE)
Texas Family Code, Section 14.033
School. The term "school" means the primary or secondary school in which the child is enrolled, or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.
Child. The term "child" shall refer to the child or children of the parties and shall include the plural form wherever appropriate to the context.
IT IS ORDERED AND DECREED THAT THE PARTIES SHALL HAVE POSSESSION OF THE CHILD AT ANY AND ALL TIMES MUTUALLY AGREED TO IN ADVANCE BY THE PARTIES AND, IN THE ABSENCE OF MUTUAL AGREEMENT, AS FOLLOWS:
A. PARENTS WHO RESIDE 100 MILES OR LESS APART
(1) Weekends. TIM EMERSON shall have possession of the child as follows:
(CHECK ONE)__X__ On weekends beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.
_____ On weekends beginning at the time the child's school is regularly dismissed on the first, third, and fifth Friday of each month and ending at the time the child's school resumes.
(2) Wednesdays. TIM EMERSON shall have possession of the child as follows:
(CHECK ONE)
__X__ On Wednesdays of each week during the regular school term beginning at 6:00 p.m. and ending at 8:00 p.m.
_____ On Wednesdays of each week during the regular school term beginning at the time the child's school is regularly dismissed and ending at the time the child's school resumes.
(3) Weekend Possession by TIM EMERSON Extended by Holiday. Except as otherwise explicitly provided, if a weekend period of possession of TIM EMERSON coincides with a school holiday during the regular school term, or with a federal, state, or local holiday during the summer months in which school is not in session, the weekend possession shall: (CHECK ONE)
__X__ End at 6:00 p.m. on a Monday holiday or school holiday or shall begin at 6:00 p.m. Thursday for a Friday holiday or school holiday, as applicable.
_____ Begin at the time the child's school is regularly dismissed for a Friday holiday or Monday holiday, as applicable, and end at the time school resumes from that holiday.
(4) Vacations and Holidays. The following provisions govern possession of the child for vacations and for certain specific holidays and supersede any conflicting weekend or Wednesday periods of possession provided by Subsections (1), (2) and (3) of this Section. TIM EMERSON and SACHA EMERSON shall have rights of possession of the child as follows:
(a) Christmas. TIM EMERSON shall have possession of the child in even-numbered years beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26th, and SACHA EMERSON shall have possession for the same period in odd-numbered years.
(b) Christmas. TIM EMERSON shall have possession of the child in odd-numbered years beginning at noon on December 26th and ending at 6:00 p.m. on the day before school resumes after that vacation, and SACHA EMERSON shall have possession for the same period in even-numbered years.
(c) Thanksgiving. TIM EMERSON shall have possession of the child 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; and SACHA EMERSON shall have possession for the same period in even-numbered years.
(d) Spring Vacation. TIM EMERSON shall have possession of the child in even-numbered years beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation; and SACHA EMERSON shall have possession for the same period in odd-numbered years.
(5) Summer.
(a) If TIM EMERSON gives SACHA EMERSON written notice by May 1 of each year specifying an extended
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period or periods of summer possession, TIM EMERSON shall have possession of the child for thirty (30) days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven (7) days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven (7) consecutive days each; or
(b) If TIM EMERSON does not give SACHA EMERSON written notice by May 1 of each year specifying an extended period or periods of summer possession, TIM EMERSON shall have possession of the child for thirty (30) consecutive days beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.
(c) if SACHA EMERSON gives TIM EMERSON written notice by June 1 of each year, SACHA EMERSON shall have possession of the child on any one weekend beginning Friday at 6:00 p.m. and ending at 6:00 p.m. on the following Sunday during any one period of possession by TIM EMERSON under Subparagraphs A(5)(a) and A(5)(b) above, provided that SACHA EMERSON picks up the child from TIM EMERSON and returns the child to that same place.
(d) If SACHA EMERSON gives TIM EMERSON written notice by May 15 of each year or gives TIM EMERSON fourteen (14) days' written notice on or after May 16 of each year, SACHA EMERSON may designate one weekend beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven (7) days prior to school resuming at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by TIM EMERSON will not take place, provided that the weekend so designated does not interfere with TIM EMERSON's period or periods of extended summer possession or with Father's Day, if TIM EMERSON is the father of the child.
(6) Child's Birthday. The parent not otherwise entitled under this Standard Possession Order to present possession of a child on the child's birthday shall have possession of the child beginning at 6.00 p.m. and ending at 8:00 p.m. on that day, provided that said parent picks up the child from the residence of the Conservator entitled to possession and returns the child to that same place.
(7) Father's Day. If a Conservator, the father shall have possession of the child beginning at 6:00 p.m on that Friday preceding Father's Day and ending on Father's Day at 6:00 p.m., provided that, if he is not otherwise entitled under this Standard Possession Order to present possession of the child, he picks up the child from the residence of the Conservator entitled to possession and returns the child to that same place.
(8) Mother's Day. If a Conservator, the mother shall have possession of the child beginning at 6:00 p.m on the Friday preceding Mother's Day and ending on Mother's Day at 6:00 p.m., provided that, if she is not otherwise entitled under this Standard Possession Order to present possession of the child, she picks up the child from the residence of the Conservator entitled to possession and returns the child to that same place.
B. PARENTS WHO RESIDE OVER 100 MILES APART
Except as otherwise explicitly provided, if TIM EMERSON resides more than 100 miles from the residence of the child, TIM EMERSON shall have the right to possession of the child as follows:
(1) Weekends. (CHECK ONE)
_____ On the first, third and fifth Friday as provided under the terms of Subsections A(1) and (3) of this Standard Possession Order.
_____ Not more than one weekend per month of TIM EMERSON's choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend, provided that TIM EMERSON gives SACHA EMERSON fourteen (14) days' written or telephonic notice preceding a designated weekend, and provided that TIM EMERSON elects an option for this alternative period of possession by written notice given to SACHA EMERSON within ninety (90) days after the parties begin to reside more than 100 miles apart, as applicable, and provided that the weekend possessions do not conflict with Sections A(4)(a) through (c) and A(6) through (8) of this Standard Possession Order.
(2) Vactions and Holidays. The terms of Sections A(4)(a) through (c) and A(6) through (8) of this Standard Possession Order are applicable when TIM EMERSON resides more than 100 miles from the residence of the child.
(3) Spring Vacation. Each year beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring school vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
(4) Summer.
(a) If TIM EMERSON gives SACHA EMERSON written notice by May 1 of each year specifying an extended period or periods of summer possession, TIM EMERSON shall have possession of the child for forty-two (42) days beginning no earlier than the day after the child's school is dismissed
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for the summer vacation and ending no later than seven (7) days prior to school resuming at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven (7) consecutive days each; or
(b) If TIM EMERSON does not give SACHA EMERSON written notice by May 1 of each year specifying an extended period or periods of summer possession, TIM EMERSON shall have possession of the child for forty-two (42) consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27.
(c) If SACHA EMERSON gives TIM EMERSON written notice by June 1 of each year, SACHA EMERSON shall have possession of the child on any one weekend beginning Friday at 6:00 p.m. and ending at 6:00 p.m. on the following Sunday during any one period of possession by TIM EMERSON under Paragraphs B(4)(a) and B(4)(b) above, provided that if a period of possession by TIM EMERSON exceeds thirty (30) days, SACHA EMERSON may have possession of the child under the terms of this subdivision on any two nonconsecutive weekends during that time period, and further provided that SACHA EMERSON picks up the child from TIM EMERSON and returns the child to that same place.
(d) If SACHA EMERSON gives TIM EMERSON written notice by June 1 of each year, SACHA EMERSON may designate twenty-one (21) days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven (7) days prior to school resuming at the end of the summer, to be exercised in no more than two separate periods of at least seven (7) consecutive days each, during which TIM EMERSON shall not have possession of the child, provided that the period or periods so designated do not interfere with TIM EMERSON's period or periods of extended summer possession or with Father's Day, if TIM EMERSON is the father of the child.
C. GENERAL TERMS AND CONDITIONS.
Except as otherwise explicitly provided, terms and conditions of possession of a child that apply irrespective of the distance between the residence of parent and the child are as follows:
(1) SACHA EMERSON shall surrender the child to TIM EMERSON at the beginning of each period of TIM EMERSON's possession at the residence of SACHA EMERSON.
(2) If TIM EMERSON elects to begin a period of possession at the time the child's school is regularly dismissed, SACHA EMERSON shall surrender the child to TIM EMERSON at the beginning of each such period of possession at the school in which the child is enrolled.
(3) TIM EMERSON shall be ordered to do one of the following: (CHECK ONE)
_____ TIM EMERSON shall surrender the child to SACHA EMERSON at the end of each period of possession at the residence of TIM EMERSON; or
__X__ TIM EMERSON shall return the child to the residence of SACHA EMERSON at the end of each period of possession, as long as SACHA EMERSON's county of domicile remains the same after the rendition of this order, however, if SACHA EMERSON's county of domicile changes, effective on the date of the change of domicile by SACHA EMERSON, TIM EMERSON shall surrender the child to SACHA EMERSON at the end of each period of possession at the residence of TIM EMERSON.
(4) If TIM EMERSON elects to end a period of possession at the time the child's school resumes, TIM EMERSON shall surrender the child to SACHA EMERSON at the end of each period of possession at the school in which the child is enrolled.
(5) Each Conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession.
(6) Either parent may designate any competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned.
(7) A parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's rights of possession for any specified period; repeated failure of a parent to give notice of an inability to exercise possessory rights may be considered as a factor in a modification of those possessory rights.
(8) Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.
(9) If a Conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the Conservator in possession of the child shall immediately notify the school and the other Conservator that the child will not be or has not been returned to school.
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