Stationed overseas, going home for spring break to see my kids, ex schedule an appointment for one of the children, she lives 3 hours from me, she wants me to pick up the kids, then 4 days later drive them to the appointment, then back home. I dont agree with this appointment during my VERY limited time, and because I dont agree my ex wants to go to an emergency hearing to block my visitation. Is this something I should be concerned with?
If you can speak with each other at all or if you personally can speak to the person for whom the appointment is scheduled, my advice is seek to reschedule the appointment. It is hard to analyze here because of the lack of information and knowledge about the substance of the appointment and its urgency. Knowing that information from the other parent would be helpful to you. She is unlikely to be able to get an emergency hearing to block your visitation. It would have to be filed, served and set for hearing in short order. Do what you can to show that you are attempting to work with her. Make you call on the appointment based on the urgency to your child. I sympathize with you completely and how and why it had to be on your spring break which is a question to go to whom the appointment is with. But she may have done it to prevent your child's missing school perhaps. Find that out please if you can. Thanks for your service to our country. Texas Family Code does have provisions to give you make-up possession time when you return from your overseas assignment. See the following Code sections:
SUBCHAPTER L. MILITARY DUTY
Sec. 153.701. DEFINITIONS. In this subchapter:
(1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty.
(2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation.
(3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. The term does not include National Guard or Reserve annual training.
(4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission.
Sec. 153.702. TEMPORARY ORDERS. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty.
(b) The court may render a temporary order in a proceeding under this subchapter regarding:
(1) possession of or access to the child; or
(2) child support.
(c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support.
(d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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