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[QUOTE="robwbright, post: 1155890, member: 60515"] I would represent you, but 2 problems - it's too far to Texas and I don't have a license there anyway. :( I hope the following can be a bit of assistance and comfort to you - and I hope at least some of it is correct. ;) [NOTE: Nothing in this post is to be construed as legal advice - it is merely for informative purposes and to give my opinion as to what MIGHT happen in your case. I am not licensed to practice law in Texas and have no intention of doing so.]. "a. Possession of Children at 15 years of age IT IS ORDERED AND DECREED that when a minor child the subject of this suit reaches the age of fifteen (15) years, all of the possession rights set forth in this Order shall cease as mandatory rights and in lieu thereof, such child shall visit with each parent only at such times as are agreeable between the child and each Parent." I read this a little differently from you. I know nothing of Texas law, but both of the states I work in have similar laws concerning teenagers. I think the above could actually end up being a good thing for you - assuming the children like you - and it sounds like they do. Here in WV and Ohio, once the child gets to age 14/15, the court essentially lets the child who they want to live with. Thus, I think the last two full lines are badly written, but actually mean that (if the Court were to order the above), the children age 15 and above would choose who they want to visit - as long as the parent they want to be with agrees to it. I think that line is asking for the children to have more input in the decision because of their age. If it weren't, I would expect that section to refer to all the children regardless of age. That's what she'd ask for if she was wanting to rule the whole thing. Maybe I'm wrong. Sounds like you don't have a very good relationship with the ex, but perhaps you should talk to her and ask her what she's trying to get. "Modification of Rights, Duties, and Obligations Jason ... has been sent to the emergency room on two separate occasions as a result of the Respondent's activities with the children during his times of possession; namely riding four wheel vehicles and dirt motor bikes on uneven, and often dangerous terrain under conditions that are unsuitable for children. Although Movant does not request that the Court prohibit the Respondent from engaging in this activity with the children, she does request that the Court require the Respondent to obtain her approval regarding the time, place, and safety precautions utilized by the Respondent when he takes the children "four wheeling" and/or "dirt biking." She also requests that any medical treatment for injuries incurred by the children or any third party as a result of "four wheeling" and/or "dirt biking" while in the care, custody, or control of the Respondent, be paid for solely by the Respondent." This section probably entirely depends on the Judge on the case. If the Judge is pro "dangerous activities", then she will likely lose. If the Judge is "maternal", the you might lose. Were you taking the boys riding before your divorce/custody order? Was the riding mentioned in the final order/custody order or in Court? If so on those questions, then I wouldn't be too worried (although anything can happen in these things - in many cases, family judges use too much "discretion"). The reason I say I wouldn't be too worried is the following - again, I don't know Texas law, but based on a couple websites I looked at, Texas appears to have the same standard for a change in a custody order. From here: [url]http://www.texasfamilylawyers.com/Articles/custody-overview.html[/url] MODIFICATION OF TERMS AND CONDITIONS OF JOINT MANAGING CONSERVATORSHIP The Family Code provides for modification of the terms and conditions of a joint managing conservatorship. Absent a written agreement approved by a court, Family Code section 156.202 provides that [B]a court may modify the terms and conditions of a joint conservatorship order if[/B]: •the [B]circumstances [/B] of the child or of one or both of the joint managing conservators have [B]materially and substantially changed since the rendition of the order [/B] [B]and[/B] a modification of the terms and conditions of the order would be a positive improvement for and in the best interest of the child; or, [If you were riding before the divorce - and especially if the Court was aware of that - then I don't see that there is any argument that the circumstances have changed. Thus, the Court cannot lawfully modify under the above section]. the order has become unworkable or inappropriate under existing circumstances and a modification of the terms and conditions of the order would be a positive improvement for and in the best interest of the child. [I suppose this one is arguable, but in my estimation, that's a thin argument] The trial court has discretion to modify a joint conservatorship, but only when both criteria are met. Wood v. O'Donnell, 894 S.W.2d 555, 556 (Tex.App.-Fort Worth 1995, no writ). [B]If there is clear and unrefuted evidence of a material and substantial change in circumstances, and all the other grounds for modification have been met, it is error for a court to deny a motion to modify.[/B] See, In re A.D.H., 979 S.W.2d 445, 451 (Tex.App.-Beaumont 1998, no writ). MODIFICATION OF JOINT MANAGING CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP Family Code section 156.203 provides that a court may replace a joint managing conservatorship with a sole managing conservatorship if: the child's present living environment may endanger the child's physical health or significantly impair the child's emotional development and the appointment of a sole managing conservator would be a positive improvement for and in the best interest of the child; or [this one could hurt depending on the judge and whether the judge thinks dirt bikes are overly dangerous. If your or your attorney could find studies showing that dirt bikes are no more dangerous than football or soccer, then I would think it would be hard for a judge to change to a sole conservatorship under this statute] there has been a substantial and unexcused violation of the terms and conditions established in the existing conservatorship order and the appointment of a sole managing conservator would be a positive improvement for and in the best interest of the child; or [this only works for her if you were ordered not to take the boys riding] the circumstances of the child or of one or both of the joint managing conservators have so materially and substantially changed since the rendition of the order that it has become unworkable or inappropriate under existing circumstances and the appointment of a sole managing conservator would be a positive improvement for and in the best interest of the child. [this doesn't seem to be the case] In In re Moss, 887 S.W.2d 186, 188 (Tex.App.-Texarkana 1994, no writ), the court affirmed a modification from joint managing to sole managing conservatorship where the evidence showed that the child and father desired the change and that the change was in the best interest of the child. GROUNDS FOR MODIFICATION OF POSSESSION OF CHILD The Family Code sets out the grounds for modification of possession and access orders. Family Code section 156.301 states that a court may modify an order that sets the terms and conditions for possession of or access to a child or that prescribes the relative rights, privileges, duties, and powers of conservators if: the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the rendition of the order; the order has become unworkable or inappropriate under existing circumstances; the notice of change of a conservator's residence required by Chapter 153 was not given or there was a change in a conservator's residence to a place outside Texas; a conservator has repeatedly failed to give notice of an inability to exercise possessory rights; or a conservator of the child has had a significant history of alcohol or drug abuse since the date of the rendition of the order. [none of the above seem to apply to you]. BTW, did she ask for a sole conservatorship? It is unlikely that she will get what she didn't ask for - generally, a Court cannot grant a motion that has not been made. I hope this might have helped a bit. If you were up here, we'd probably charge $2500-$3500. However, a Doc we have as a client has spent about $40,000.00 - but then again, both he and his ex have LOTS of money and they just want to fight. That fight will probably continue for the next 13 years until the child is 18. [/QUOTE]
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