If an Order calls for revised access/visitation only, should conservatorship clauses continue in the newly drafted document(s)?

Asked 11 months ago - Tyler, TX

Conservatorship was revised in 2009, from Joint Managing, to Sole/Possessory Conservatorship, listing specific rights and duties of both parents. Access/Visitation also changed at that time. Recently, in 2013, access/visitation was revised to eventually transition into a Standard Possession Order, but conservatorship will remain the same. As a pro se petitioner, I was required to draft a new Order that will 'stair step' into Standard Possesion, and the opposing counsel had me omit conservatorship clauses all together in present standing orders.

Attorney answers (2)

  1. Robert S. Sobel

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . In my practice stairstep visitation usually involves several months of supervised visitation at the SAFE program then a few hours unsupervised every other Saturday, followed by a few hours on Saturday and Sunday. Assuming each step along the way went well, the parent and child are bonding and the parent showed for each visit, then a slow progression from one overnight to two and finally an SPO. If only visitation was revised, but not conservatorship, then there is no need to use those clauses except to clarify the order.

    This information does not offer specific legal advice and use of this information does not create an attorney-... more
  2. Allecia Lindsey-Pottinger

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You should only leave out the conservatorship clause if the new order that you are drafting states that the provisions in the prior order remain if not specifically changed in the new order. Otherwise I would leave the language in the new order. You will have an opportunity to approach the judge and present both versions and ask the Court to decide which one they want to sign. In the abundance of caution I would put the conservatorship language in the new order.

    I am licensed in the State of Texas and my answers are only applicable to the State of Texas. The response to your... more

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