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The Law Office of Lisa A. Vance, P.C.

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We are now accepting clients statewide in Texas.

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As the situation with COVID-19 continues to develop and evolve, the safety, health and well-being of our clients and our team is extremely important to us. We are watching for the guidance of the Centers for Disease Control and international medical experts to learn how we can best manage our facility and our clients.

We would like to reassure you that The Law Office of Lisa A. Vance, P.C. will continue to be available to provide services to all of our clients.

Our lawyers and paralegals are working in the office and electronically, although most of us are working from home. Below is a list of FAQs regarding our response and commitment to you during COVID-19.

Can I even have a consultation with my lawyer remotely?

Yes, The Office of Lisa A. Vance, P.C. has a comprehensive remote working capability and all of our lawyers and paralegals are equipped to work securely from home.

Will my lawyer be available to answer questions and work on my case?

Yes, your legal matters will continue to receive our attention. You can email, call, or videoconference with your lawyer during this time.

We also have multiple videoconferencing options; please contact your attorney for the platform that works best for you

How are court hearings and appointments affected?

Court in Bexar County are now conducted by Zoom Please see our blog article Court via Zoom: It’s Actually, Really Court (and Here’s How It Works)

Can I consult with a lawyer about a new family law or divorce matter?

Yes, we have office staff working in house and remotely to ensure continuity in our business. For information about a family law or divorce matter, please call our office or complete the Request a Consultation Form.

Your family law matters remain our top concern and we are not going to permit this pandemic to take priority over your needs. We will remain confident, alert and prepared.

We wish you and your family well as we work through this difficult situation together.

With warm regards,
Lisa A Vance

 

 

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How does living more than 100 miles away from my children affect my divorce agreement?

| Mar 16, 2018 | Children In Divorce, Divorce, Parental Rights |

Let’s say you’re a parent of a child, you’ve recently divorced in San Antonio, and are operating under a standard divorce decree in which you have parenting time on Thursday nights, on the first, third, and fifth weekend, and get to choose 30 days over the summer.

And then, let’s say you have a job opportunity that will take you to Dallas. It’s obviously going to change your parenting time, but how specifically? Does it mean that you have to choose between a new job and seeing your child?

The Texas Family Code actually makes specific provisions for situations in which parents live far apart, but not so far apart that they can’t engineer getting a child from one parent to the other.

In the Texas Family Code–specifically, in Chapter 153, which covers “conservatorship, possession, and access–the cut-off point is 100 miles. For parents who live less than 100 miles apart, the standard described above applies, unless the parents have created an alternate to standard orders they’re abiding by. The parent termed the “possessory conservator” gets parenting time between 6 p.m. Friday and 6 p.m. Sunday on designated weekends, whereupon the child is then returned to what is termed the “managing conversator.”

So, for example, if one parent lives in Austin and the other lives in San Antonio, they could arrange a meetup in New Braunfels or San Marcos to accommodate this schedule, or they could work out another arrangement.

(This brings up an important point about the Code-it’s meant to guide parents as well as to be a fallback if they can’t agree on a plan, but parents can mutually agree on what works for them if it’s in the best interest of the children and the court approves. If it makes more sense for a parent to pick up the kids after school on Friday and drop them off at school on Monday morning, and both parents agree to that, that’s certainly fine.)

But if the parents live more than 100 miles away, the default in the Texas Family Code holds that the possessory conservator can either opt for the first, third, and fifth weekend or for one (and not more than one) weekend a month of his or her choosing. (In the latter case, it requires 14 days’ written or telephonic notice from the parent requesting the specific weekend.)

To account for the distance and the potential missed time during the school year, the possessory conservator is allowed to have parenting time with the child for 42 days during the summer, as opposed to the 30 set aside for parents who live 100 miles or less apart. That parent can specify days if he or she doesn’t want the default dates of June 15 to July 27.

If you have any concerns about any logistical elements concerning children and parenting time, including who is responsible for transportation in each direction, it’s best to spell it out in the decree. The Texas Family Code, while providing good guidelines for parents, might not anticipate everything that you and a co-parent might run into. While decrees can be modified, and parents can agree to guidelines outside the decree, the decree always provides the default parameters should any disagreements arise.

The more thorough you can be, the better off you are in the months and years following the divorce. After all, you may stop being a couple, but you won’t stop being parents, regardless of how far apart you live. You’ll have to continue to be in contact about parenting time well after the divorce is final.

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