Representing yourself in a Divorce Case.

Personally, I would not attempt an engine overhaul in order to get my car back on the road. I might be able to read a book and get all the parts back together. I might be able to figure out how the valves, springs and all the other parts go back together, but it is likely that there will be mistakes. Sometimes reading the manual is not enough. There is a base of engine mechanics and theory that I am missing. So when it comes time to turn the key, will the engine turn over or will the car blow up?

Just as with the engine overhaul example, most pro se litigants (or those who choose to represent themselves) do not have a base of legal knowledge to know when something is missing, when something is incorrect, or when your rights are not protected. Rather than speaking in generalities or analogies, let me give you an example.

Part of the art of practicing law is to make something that appears to be innocuous but that is greatly slanted toward the attorney's client. Sometimes the danger is in what is not said, versus what is said. Here are two examples of things that can be left out of a Divorce Decree that can have a devastating effect on the rights of the unaware.

1) Most divorce decrees are drafted so as to foster a continued relationship between parent and child. As a result, attorneys will advocate for the placement of a geographical restriction in the Decree. Most judges will order a geographical restriction if there is a request as long as it is not unduly restrictive. A commonly used restriction, is that the custodial parent is restricted to their county of residence and "any county adjoining" that county. This type of restriction allows for reasonable movement, but prevents the custodial parent from leaving the State -- or even country -- with the child. As a result, even though it looks reasonable for the custodial parent to have the right to choose the primary residence, it would be view by most non-custodial parents as unreasonable for the custodial parent to move to the other side of the world. However, if there is no geographical restriction, this is just what could happen.

2) Most divorce decrees have a "Standard Visitation Schedule," or similar schedule. There is a reason for this. The Standard Visitation Schedule says that the schedule is what happens when the parents cannot "mutually agree in advance." This means that the schedule itself (i.e. - the first, third and fifth weekends) is only when the parents cannot agree. Sometimes an attorney (or a party) will omit the visitation schedule from the Divorce Decree in favor of a "feel-good" provision that the non-custodial parent will have visitation whenever the parties "mutually agree." Although this sounds good, this provision is basically worthless. So what happens when the parents disagree? Nothing happens. The visits only occur when the custodial parent wants them to happen. So if the custodial parent thinks the non-custodial parent does not need to visit, then no visit occurs.

As a result, if you are a non-custodial parent, and your Divorce Decree omits a possession schedule and has no geographical restriction, your spouse could move to any part of the world and completely deny you visitation. You would need to then sue to try to get the Court to order your spouse to move back. My point is this -- sometimes you read these legal documents and they appear to be fair; however, appearances can be deceiving. Get an experienced family law attorney and be sure.

Standard Visitation in Texas Divorce and Family Law Cases.

As codified in the Texas Family Code, the Texas Legislature has set out what is essentially the "recommended" visitation schedule for parents (and other conservators) in a Divorce or other family law cases (such as a Modification case, Paternity Case, or other Suit Affecting the Parent Child Relationship "SAP-CR" matter). The "Standard" Visitation Schedule is presumed to be in the best interests of the children for all children who are three (3) years of age and older. In setting specific visitation schedules, it is the policy of the State of Texas to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or divorced. Tex. Fam. Code § 153.001.

It is important to note that the Standard Visitation Schedule is what is ordered when the parents cannot "mutually" agree to work out the schedule in advance. In other words, when the parents / conservators are unable to work out an agreement, Standard Visitation is what is ordered. Standard Visitation varies depending upon how far the children live from the parent who is exercising the visitation. The dividing line is 100 miles. If you have specific questions about the visitation schedule, you should look at the exact provisions that have been ordered in your case, because they might be different from the schedule as set forth below. However, current orders for Standard Visitation generally provide as follows:

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Parents or conservators who live 100 miles (or less) from the children:

▪ Weekend Visits – On the first, third and fifth weekends of each month from either when school lets out or 6:00 p.m. on Friday to either when school begins on Monday morning or 6:00 p.m. on Sunday, at the election of the visiting parent or conservator.

▪ Weekday Visits – On Thursday from either 6:00 p.m. to 8:00 p.m. or on Thursday from the time school lets out to Friday morning when school begins.

▪ Christmas Vacation – In even-numbered years from 6:00 p.m. on the day school is recessed for the holiday to 12:00 noon on December 28. In odd-numbered years from 12:00 noon on December 28 to 6:00 p.m. on the day prior to the day school resumes.

▪ Thanksgiving – In odd-numbered years from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday after Thanksgiving. (Even-numbered years go to the conservator or parent who has the right to designate the primary residence of the child).

▪ Spring Break – In even-numbered years from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday before school begins. (odd-numbered years go to the conservator or parent who has the right to designate the primary residence of the child).

▪ Each Child’s Birthday – On the child’s birthday from 6:00 p.m. to 8:00 p.m.

▪ Father’s or Mother’s Day – On Father’s or Mother’s day from 6:00 p.m. on the Friday prior to Father’s Day or Mother’s Day (as applicable) to 6:00 p.m. on such day.

▪ Extended Summer Visitation – If written notice is given by April 1 – possession of the child for a total of thirty (30) days, provided that such visit must end at least seven (7) days prior to the end of summer vacation. If without written notice by April 1, possession from 6:00 p.m. July 1 to 6:00 p.m. on July 31. It should be noted that the other parent can designate one (1) weekend for possession during the summer by giving notice of the date by April 15 or upon 14 days written notice.

Parents or conservators who live greater than 100 miles from the children:
▪ Weekend Visits – Either as provided above, or by designating one weekend per month upon 7 day’s notice (either by written or telephone notice).

▪ Christmas Vacation – In even-numbered years from 6:00 p.m. on the day school is recessed for the holiday to 12:00 noon on December 28. In odd-numbered years from 12:00 noon on December 28 to 6:00 p.m. on the day prior to the day school resumes.

▪ Thanksgiving – In odd-numbered years from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday after Thanksgiving. (Even-numbered years go to the conservator or parent who has the right to designate the primary residence of the child).

▪ Spring Break – Every year from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday before school begins.

▪ Each Child’s Birthday – On the child’s birthday from 6:00 p.m. to 8:00 p.m.

▪ Father’s or Mother’s Day – On Father’s or Mother’s day from 6:00 p.m. on the Friday prior to Father’s Day or Mother’s Day (as applicable) to 6:00 p.m. on such day.

▪ Extended Summer Visitation – If written notice is given by April 1 – possession of the child for a total of thirty (42) days, provided that such visit must end at least seven (7) days prior to the end of summer vacation. If without written notice by April 1, possession from 6:00 p.m. June 15 to 6:00 p.m. on July 27. It should be noted that the other parent can designate either one (1) weekend for possession during the summer if the visit is thirty (30) days or less, or two (2) weekends if the visit is more than thirty (30) days by giving notice of the date by April 15.

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It should be noted that under Texas Family Code § 153.315, if a weekend period of possession coincides with a school holiday during the school year (or a federal, state, or local holiday during the summer months in which school is not in session), the weekend possession ends at 6:00 p.m. on the Monday holiday or school holiday or (if applicable) will begin at 6:00 p.m. Thursday for a Friday holiday or school holiday, as applicable.

The parent or conservator may also elect (in the order at the time the Order is signed by the Judge) to have to have their periods of possession so-extended by Holiday begin at the time the child is dismissed from school.

If you have specific questions about how your Order or Divorce Decree works in any given situation, you should contact the attorney that represented you or an experienced family law attorney.