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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 parenting time work for spring break in Texas?

| Feb 26, 2021 | Children In Divorce, Decree Modification |

If you follow the standard possession orders for parenting time in the Texas Family Code, as many divorced parents in Texas do, there’s a specific section for spring break, but it’s different for parents who live 100 miles apart or less than it is for parents who live more than 100 miles apart. 

What the Law Says

If you’re looking at the Texas Family Code, the language lives within Sections 153.312 and 153.313, as it does for all weekend and holiday parenting time discussion. 

If parents live within 100 miles of each other, it’s written so “the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years.” 

So, if the mom is considered the managing conservator per the decree, she would get the kids this year, and dad would get them next year. 

How Distance and Children’s Ages Factor In

But if parents live more than 100 miles apart, that changes — in part, because what the Texas Family Code calls the “possessory conservator” doesn’t get the same parenting time during the school year as parents who live closer. 

The language looks similar, only the “possessory conservator” gets the children every year for those same day and time parameters. 

If one of your children is a graduating senior and turns 18 before spring break, as we’ve discussed in an earlier article, the decree applies with respect to child support until graduation, but once your child is 18, he or she can determine where to spend spring break. As we wrote at the time, though: 

If your 18-year-old has younger siblings, it may make the most sense to have your new adult accompany siblings according to their parenting time schedules. As we often say in connection with the divorce decree, it’s there as a fallback if you need it, but there might be something that works better than what’s written in the decree. And, as long as both parents agree to it and you commit it to text or email, you can all move forward with it. Once that child is 18, though, that fallback no longer applies. And that potentially means a whole new shift in the parents’ relationship.

Unique Circumstances

The Code tries to cover as much as it can, but there are some special cases that might require you to tailor your decree when you’re getting divorced, or to modify it if an issue becomes apparent. For example, most children in divorce go to schools in the same school district, but it’s possible that one child goes to a private school that operates under a slightly different spring break schedule than the child or children who attend public schools. 

In those cases, it’s up to the parents to determine what works, and if they can’t agree, it’d be a good time to modify. If you’re following the letter of the law, the parent’s spring break parenting time would apply to each child individually based on his or her schedule, but that would cause children to separate if one had spring break the first week of March and the other had it the second week of March — and that’s certainly not what’s intended. 

It’s a good idea to check out the school calendar for all the children at the start of the school year and look ahead to spring break. If there is a discrepancy like we described, it’s good to get a solution agreed on in writing. Or, in a worst-case scenario, it gives you plenty of time to get a modification hearing on the books — which the Law Office of Lisa A. Vance can help with, if it comes to that.

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