Legal Question in Family Law in Texas
Grandparent/Possession Order Regarding Birthday Visitation
I have specific rights for Grandparent Access/Possession Order to my granddaughter. When trying to interpret the court order, I find it very difficult to understand the language. In court, the judge said that I would have access to my granddaughter on every birthday for 2 hours, unless her birthday fell on my weekend and then rolls would reverse and her daddy would have her for 2 hours. I do not interpret the language in the original court order to coinside with the judge's statement. I need clarification and advise as to whether or not I should take it back to court to have it redefined or am I mis-interpreting the order. The court order reads as follows:
Child's Birthday - If Sole Managing Conservator is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, Sole Managing Conservator shall have possession of the child beginning at 8:00 a.m. and ending at 10:00 p.m. on that day provided that Sole Managing Conservator shall allow C------ M----- to have the child for two (2) hours as provided hear-in.
3 Answers from Attorneys
Re: Grandparent/Possession Order Regarding Birthday Visitation
Its extremely hard to tell what the order means with only one part provided because any attempt to say what it means may be taken out of context. However, I can see your dilema and agree that, with this part standing alone, it appears to be vague. It looks like you get to see your grandchild on her birthday, and the father has her from 8 to 10.
Hope this helps.
Re: Grandparent/Possession Order Regarding Birthday Visitation
You may need to get a clarification order. This is a difficult question to answer, however, as I do not have the entire decree in front of me and am not sure who is designated as the sole managing conservator. My best advice is to find an attorney to look over the written documents for you. I would be more prone to adhere to the written decree than what the judge said in court, however, unless you can get a copy of the transcript. If you do obtain a copy of the transcript and if it does, in fact, conflict with the written orders then you may want to get a clarification from the judge.
Re: Grandparent/Possession Order Regarding Birthday Visitation
I cannot tell from your question who is the sole managing conservator. You need to interpret the court order in conjunction with the entire order.
As to the discrepancy between the judge's pronouncement and the written order, the written order prevails. It is not unusual for a judge to make a ruling in court and then for the parties to agree on something else before the order is signed. When that happens, the order will not be the same as the pronouncement.
There is a procedure for an attorney to argue that the order does not reflect the court's ruling, but generally, it must be used before the order is signed. If the issue is raised and the judge signs the order anyway, then the judge made a decision to rule as it is in the written order. Also, a judge can change his or her mind about the ruling until 30 days after the order is entered.
If the order is unclear, you can petition the court for a clarification.
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