The Law Office of Matt Sossi Offers Legal Services Regarding Custody Disputes, Parenting Plan & Visitation Issues

Parenting Plans

• What is a Parenting plan?
• How will this new change in the Law affect me?
• Where do I mediate my disputes?

Custody Disputes

• What does the lawyer need to know?
• What is a social study? Will I need to have one conducted in my custody dispute?
• Should I have a jury or judge hear my case?
• What do I bring into the office to help my lawyer prepare for my custody case?

Visitation Issues

• What is a possession order?
• What are the factors regarding how much access should be ordered?
• Where can I find the provisions for a Standard Possession Order in the State of Texas?
• How can I enforce my visitation rights?
• Other alternate visitation issues

Parenting Plans

What are Parenting Plans?

The Texas Legislature in 2005 is now requiring that all suits affecting the parent child relationship which are filed after September 1, 2005 include what is known as Parenting Plans.

Parenting Plans

1. designate each parent’s custodial rights to the child/ren the subject of this suit;
2. afford visitation to the noncustodial parent;
3. assign duties and rights to the parties, such as child support and visitation rights;
4. require mediation of future disputes before filing subsequent litigation.

I would recommend that you review the following site to view an example of a parenting plan in the State of Texas: [http://www.texasjudge.com/download/219thParentPlan.pdf]

How will this new change in the Law affect me?

The major affect of Parenting Plans is that there you may be required to mediate your differences BEFORE filing subsequent lawsuits. Consult your attorney!

I would recommend that you review your order or decree to determine if there is a mediation provision in your existing order, especially for those orders entered for suits filed after Sept. 1, 2005. An attorney should help you to understand if the applicable laws in the State of Texas require mediation for your particular case. I would recommend contacting an attorney who can best select the mediator right for you and prepare you for your upcoming mediation.

Where do I mediate my disputes?

You will want to make sure that the mediator you select has the skill and experience necessary to make an attempt to resolve your dispute. The Bexar County Dispute Resolution Center at (210) 335-2128 is an excellent resource to learn more about your upcoming mediation. Make sure that the mediator selected has the skill and experience necessary to resolve your dispute!!

Custody Disputes

What does the lawyer need to know?

Litigation cases regarding custody are extremely case specific and usually extremely sensitive in nature. I would suggest you contact an attorney to discuss

1. the reason or reasons why the situation has degenerated into a custody dispute,
2. any immediate danger that you believe your child is exposed to;
3. what plan of action you feel, as a parent, needs to be taken to protect your child’s interests.

If this is an emergency concerning your child/ren I would advise you to also contact child protective services, at (210) 333-2004.

What is a social study? Will I need to have one conducted in my custody dispute?

I highly recommend that you request a social study if your custody case will go before a judge or jury on a custody issue. A social study is basically a report advising the judge or jury as to what rights both parents should have to their children. The individual who will conduct the social study in your case will most likely be approved by the court and have an advanced professional degree in issues pertaining to children. In certain cases psychological testing may be given and the results become part of the decision making process. You will need to contact your attorney and decide what professional should conduct this study so vital to your case.

Should I have a jury or judge hear my case?

It will be up to you and your attorney to decide whether a jury or judge should hear your case. You will find that the facts of your case, financial resources, and the skill and experience of your attorney will decide whether to select a judge or jury.

What do I bring into the office to help my lawyer prepare for my custody case?

In preparing for your custody suit, we will ask you to bring the following documents to our office:

1. a copy of any prior orders dealing with the child, the subject of the suit;
2. police reports, protective orders, if relevant to your case;
3. safety plans prepared by Child Protective Services;
4. medical and/or school records that you believe are relevant to this suit;
5. a list of relevant witnesses you wish us to contact, including phone numbers and addresses.

Visitation Issues

What is a possession order?

A possession order details visitation rights that a party has to a child the subject of a suit.

What are the factors regarding how much access should be ordered?

The age of the child is a major factor in deciding how much access a noncustodial parent should have. It usually is presumed that noncustodial parents will have shorter, restricted access to a child under the age of three. Noncustodial parents of a child over the age of three presumptively have rights to a child pursuant to a standard possession order set forth in the Texas Family Code.

Where can I find the provisions for a Standard Possession Order in the State of Texas?

An excellent web site for your review would be at the following link:

:

You may find that a standard possession order does not work for you based on your own individual beliefs, your child’s needs or work schedules. If you are able to work out an accommodating alternate schedule for visitation make sure that you consult with an attorney to see if you have allocated time for things such as spring break, holiday visitation, etc. Parents who are able to cooperate on these matters usually are able to avoid yearly trips back to the courthouse.

How can I enforce my visitation rights?

Like child support orders, orders granting visitation access can be enforced by what is known as a motion to enforce. The court can hold the violating parent in contempt, which can include orders making up visitation periods lost, assessing jail time and ordering repayment of attorney’s fees.

Other alternate visitation issues:

Travel costs, pick up and return locations for the child and telephonic access are just a beginning of the range of issues parents’ experience. If you are unable to agree on any issue regarding visitation please consult an attorney so that you may be given the best options available.