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NCPName: JAVIERPUGA
• •A.G.- F.W
CP Name: ESTELA GARZA CENTRAL
APName: CINDYANNPUGA
NCP OAG No.: 0012240552 & 0012237720
AP OAG No.: 0009519259
CAUSE NUMBER 231-331746-02
IN THE INTEREST OF § INTHE23/STD/STR/CTCOURT
CASANDRA MARIE PUGA § OF
A CHILD § TARRANT COUNTY, TEXAS
ORDI)R ON NOTICE OF CHANGED STATUS (AP)
On the·?_,(~ day of C) utP b, ,1..o I D the Court held a hearing in this cause.
The OFFICE OF THE ATTORNEY GENERAL appeared by an ASSISTANT ATTORNEY GENERAL.
ESTELA GARZA, grandmother of the child,
~ appeared in person (i;
~ agreed to the entry of these orders as evidJ11C:d by her signature;
U although duly notified, did not appear.
JAVIJR PUGA,Jather of the child,
l!.f appearedinperson~y p-o s,..J'. );
v/' agreed to the entry of these orders as evidenced by his signature;
U although duly notified, did not appear.
CINDY ANN PUGA, mother of the child,
~ appeared in person (and hj< atto""'l' ~ 0 '),:Z. );
~ entered a general appearance and agreed to ~ntry of these orders as evidenced by his signature;
U although duly notified, did not appear.
The Court finds that it has jurisdiction of the parties and the subject matter of this suit, and that the following
orders are in the best interest of the child.
A record of' e proceedings was:
fL( waived by the parties with the consent of the court.
U made by audio recording.
ORDER ON NOTICE OF CHANGE OF STATUS PAGEL OF~
----------------------------- ----
• CHILDREN
•
The following child is the subject of this suit:
Name DOD SSN Birthplace
CASANDRA MARIE PUGA F 2/2/2000
MODIFICATION OF ORDER
The Court FINDS that, since rendition of the support and health care coverage order entitled AGREED ORDER
IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP signed on 5/I6!200I, the circumstances of the child, a
conservator, or other party affected by the order have materially and substantially changed or the conservator who has the
exclusive right to establish the primacy residence of child, has voluntarily relinquished the primary care and possession
of the child to another person for at least six months. The following orders are in the best interest of the child.
CONSERVATORS
The Court APPOINTS ESTELA GARZA, JAVIER PUGA and CINDY ANN PUGA as Joint Managing
Conservators of the child.
Each conservator of the child has at all times the following rights and duties:
a. to receive infonnation from the other conservators of the child concerning- the health, education, and
welfare of the child;
b. to confer with the other conservators before making a decision concerning the health, education, and
welfare of the child;
c. of access to medical, dental, psychological and educational records of the child;
d. to consult with any physician, dentist, or psychologist of the child;
e. to consult with school officials concerning the child's welfare and educational status, including school
activities;
f. to attend school activities;
g. to be designated on any records as a person to be notified in case of an emergency;
h. to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger
to the health and safety of the child;
i. to manage the estate of the child to the extent the estate has been created by a conservator or a
conservator's family.
The Court designates ESTELA GARZA as the conservator with
a. the exclusive right to designate the primary residence of the child and ORDERS that ESTELA GARZA
[X] maintain the child's primary residence in TARRANT or any contiguous county;
[ ] may detennine the child's primary residence without regard to geographic location;
ORDER ON NOTICE OF CHANGE OF STATUS PAGE '(...OF%
b.
• •
the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the
child, including the right as an agent of the child to act in relation to the child's estate if the children's
action is required by a state, the United States, or a foreign government;
c. the right to the services and earnings of the child;
d. the right to consent to marriage and to enlistment in the armed forces of the United States;
e. the right to consent to medical, dental, and surgical treatment involving invasive procedures;
f. the right to consent to psychiatric and psychological treatment;
g. the power to represent the child in legal action and to make other decisions of substantial legal
significance concerning the child;
h. the right and power to receive and give receipt for periodic payments for the support of the child and to
hold or disburse these funds for the benefit of the child;
i. the right to make decisions concerning the child's education.
Unless limited by court order, each conservator of the child retains the following rights and duties during the
period of possession of the child:
a. the duty of care, control, protection, and reasonable discipline of the child;
b. the duty to support the child, including providing the child with clothing, food, shelter, and medical and
dental care and education;
c. the right to consent for the child to medical and dental care not involving an invasive procedure; and
d. the right to direct the moral and religious training of the child.
NOTICE TO PEACE OFFICER
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE
EFFORTS TO ENFORCE mE TERMS OF CffiLD CUSTODY SPECIFIED IN THIS ORDER. A PEACE
OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND TilE OFFICER'S AGENCY ARE
ENTITLED TO mE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OmERWISE,
REGARDING mE OFFICER'S GOOD FAim ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S
DUTIES IN ENFORCING THE TERMS OF TilE ORDER THAT RELATE TO CHILD CUSTODY. ANY
PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO
LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN
JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.
POSSESSION AND ACCESS
The Court ORDERS, pursuant to Texas Family Code Chapter 153, JAVIER PUGA, CINDY ANN PUGA and
ESTELA GARZA to review and follow the possession and access schedule that is attached to this order and incorporated
by reference.
ORDER ON NOTICE OF CHANGE OF STATUS PAGE2_0F~
• POSSESSION AND ACCESS ORDER
•
ELECTIONS REGARDING ALTERNATE BEGINNING AND ENDING PERIODS OF POSSESSION ARE
REQUIRED TO BE MADE AT THE TIME THIS ORDER IS ENTERED
DEFINITIONS
Child: The tenn "child" refers to the child or children of the parties who are the subjects of this suit and shall
include the plural form whenever appropriate to the context.
School: The tenn "school" refers to the primary or secondary school in which the child is enrolled, or, if the child is
not enrolled in a primary or secondary school, the public school district in which the child primarily resides.
It is ORDERED that the conservators may have possession of the child at any and all times mutually agreed to in
advance and, in the absence of mutual agreement, it is ORDERED that they shall have possession of the child as follows:
CONSERVATORS WHO RESIDE 100 MILES OR LESS APART
Except as otherwise explicitly provided, if JAVIER PUGA or CINDY ANN PUGA reside 100 miles or less from the
primary residence of the child, that conservator shall have the rights to possession of the child as follows:
Weekends:
JAVIER PUGA shall have the right to possession of the child on weekends throughout the year
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the first and third Friday of each month
the time the child's school is regularly dismissed on the first and third Friday of each month
and ending at:
(CHOOSE ONE)
X 6:00p.m. on the following Sunday
the time school resumes after the weekend
CINDY ANN PUGA shall have the right to possession of the child on weekends throughout the year
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the second and fourth Friday of each month
the time the child's school is regularly dismissed on the second and fourth Friday of each month
and ending at:
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(CHOOSE ONE)
• •
.X. 6:00p.m. on the following Sunday
the time school resumes after the weekend
Except as otherwise explicitly provided herein, if a weekend period of possession of a conservator coincides with a
student holiday or teacher in-service day that falls on a Monday during the regular school tenn, as detennined by the
school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer
months in which school is not in session, the weekend possession
shall end at:
(CHOOSE ONE)
X 6:00p.m. on Monday
the time school resumes after the weekend
Except as otherwise explicitly provided herein, if a weekend period of possession of a conservator coincides with a
student holiday or teacher in-service day that falls on a Friday during the regular school tenn, as detennined by the school
in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in
which school is not in session, the weekend possession
shall begin at:
(CHOOSE ONE)
X 6:00p.m. on Thursday
the time school is regularly dismissed on Thursday
Thursdays:
JAVIER PUGA shall have the right to possession of the child on the first and third Thursdays of each month during the
regular school tenn
beginning at:
(CHOOSE ONE)
X 6:00p.m.
the time the child's school is regularly dismissed
and ending at:
(CHOOSE ONE)
X 8:00p.m.
the time the child's school resumes on Friday
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• •
CINDY ANN PUGA shall have the right to possession of the child on the second and fourth Thursdays of each month
during the regular school term
beginning at:
(CHOOSE ONE)
X 6:00p.m.
the time the child's school is regularly dismissed
and ending at:
(CHOOSE ONE)
X 8:00p.m.
the time the child's school resumes on Friday
Spring Vacation:
JAVIER PUGA shall have possession of the child in 2010 and every third year thereafter
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the day the child is dismissed from school for the school's spring vacation
the time and on the day the child is dismissed from school for the school's spring vacation
and ending at:
(CHOOSE ONE)
X 6:00p.m. on the day before school resumes after that vacation
the time and on the day school resumes after the school's spring vacation
CINDY ANN FUGA shall have possession of the child in 2012 and every third year thereafter
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the day the child is dismissed from school for the school's spring vacation
the time and on the day the child is dismissed from school for the school's spring vacation
and ending at:
(CHOOSE ONE)
X 6:00p.m. on the day before school resumes after that vacation
the time and on the day school resumes after the school's spring vacation
Summer Vacation:
If JAVIER PUGA or CINDY ANN PUGA gives ESTELA GARZA and the other conservator written notice by Aprill
of each year specifying an extended period or periods of summer possession, the conservator giving notice shall have
possession of the child for twenty days beginning not earlier than the day after the child's school is dismissed for the
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summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be
exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession
beginning and ending at 6:00p.m. on each applicable day.
If JAVIER PUGA or CINDY ANN PUGA do not give ESTELA GARZA and the other conservator written notice by
April 1 of each year specifying an extended period or periods of summer possession:
JAVIERPUGA shall have possession of the child for twenty consecutive days beginning at 6:00p.m. on June 10
and ending at 6:00p.m. on June 30.
CINDY ANN PUGA shall have possession of the child for twenty consecutive days beginning at 6:00p.m. on
July 10 and ending at 6:00p.m. on July 30.
Furthermore, if ESTELA GARZA gives a conservator written notice by April 15 of each year, ESTELA GARZA shall
have possession of the child on any one weekend beginning Friday at 6:00p.m. and ending at 6:00p.m. on the following
Sunday during any one extended ·period of summer possession by that conservator, provided that ESTELA GARZA picks
up the child from the conservator and returns the child to that same place.
Furthermore, if ESTELA GARZA gives the conservators written notice by April 15 of each year or gives the
conservators 14 days written notice on or after April 16 of each year, ESTELA GARZA may designate one weekend
beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than
seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend
period of possession by JAVIER PUGA or CINDY ANN PUGA will not take place, provided that the weekend so
designated does not interfere with JAVIER PUGA 's or CINDY ANN PUGA 's period or periods of extended summer
possession or with Father's Day if the conservator is the father of the child.
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•
CONSERVATORS WHO RESIDE OVER 100 MILES APART
•
Except as otherwise explicitly provided, if JAVIER PUGA or CINDY ANN PUGA reside more than 100 miles from
the residence of the child, that conservator shall have the rights to possession of the child as follows:
Weekends:
JAVIER PUGA shall have the right to possession of the child
(CHOOSE ONE)
on weekends throughout the year
beginning at:
(CHOOSE ONE)
6:00p.m. on the first and third Friday of each month
the time the child's school is regularly dismissed on the first and third Friday of each month
and ending at:
(CHOOSE ONE)
6:00p.m. on the day before school resumes after the weekend
the time the child's school resumes after the weekend
(CHOOSE ONE)
--~X"- not more than one weekend per month beginning on JAVIER PUGA 's choice of the first or third Friday of the
month, at:
(CHOOSE ONE)
----~X"- 6:00p.m. on the day school recesses for the weekend
the time the child's school is regularly dismissed for the weekend
and ending at:
(CHOOSE ONE)
.X.. 6:00p.m. on the day before school resumes after the weekend
the time the child's school resumes after the weekend
provided that JAVIER PUGA gives ESTELA GARZA fourteen days written or telephonic notice preceding a
designated weekend.
NOTE: If the parties begin residing over I 00 miles apart after rendition of this order, JAVIER PUGA may elect
this alternative period of possession by written notice to ESTELA GARZA within ninety days after the parties began
to reside more than 100 miles apart. JAVIER PUGA may not designate weekend possession under this section that
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• •
conflicts with the other provisions in this order concerning possession of the child during Christmas, Thanksgiving,
the child's birthday, Father's Day weekend, or Mother's Day weekend.
If a weekend period of possession of JAVIER PUGA coincides with a student holiday or teacher in-service day that
falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a
federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the
weekend possession shall end at 6:00p.m. on Monday.
If a weekend period of possession of JAVIER PUGA coincides with a student holiday or teacher in-service day that
falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a
federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the
weekend possession shall begin at 6:00p.m. on Thursday.
CINDY ANN PUGA shall have the right to possession of the child
(CHOOSE ONE)
on weekends throughout the year
beginning at:
(CHOOSE ONE)
6:00p.m. on the second and fourth Friday of each month
the time the child's school is regularly dismissed on the first and third Friday of each month
and ending at:
(CHOOSE ONE)
6:00p.m. on the day before school resumes after the weekend
the time the child's school resumes after the weekend
_ __1X~ not more than one weekend per month beginning onJAVIERPUGA's choice of the first or third Friday of the
month, at:
(CHOOSE ONE)
--~X!S. 6:00p.m. on the day school recesses for the weekend
the time the child's school is regularly dismissed for the weekend
and ending at:
(CHOOSE ONE)
X 6:00p.m. on the day before school resumes after the weekend
the time the child's school resumes after the weekend
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• •
provided that CINDY ANN PUGA gives ESTELA GARZA fourteen days written or telephonic notice preceding a
designated weekend.
NOTE: If the parties begin residing over 100 miles apart after rendition of this order, CINDY ANN PUGA
may elect this alternative period of possession by written notice to ESTELA GARZA within ninety days after the
parties began to reside more than 100 miles apart. CINDY ANN PUGA may not designate weekend possession
under this section that conflicts with the other provisions in this order concerning possession of the child during
Christmas, Thanksgiving, the child's birthday, Father's Day weekend, or Mother's Day weekend.
If a weekend period of possession of CINDY ANN PUGA coincides with a student holiday or teacher in-service day
that falls on a Monday during the regular school tenn, as detennined by the school in which the child is enrolled, or with
a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the
weekend possession shall end at 6:00p.m. on Monday.
If a weekend period of possession of CINDY ANN PUGA coincides with a student holiday or teacher in-service day
that falls on a Friday during the regular school tenn, as determined by the school in which the child is enrolled, or with a
federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the
weekend possession shall begin at 6:00p.m. on Thursday.
Spring Vacation:
JAVIER PUGA shall have possession of the child every even-numbered year
beginning at:
(CHOOSE ONE)
1l 6:00p.m. on the day the child is dismissed from school for the school's spring vacation
the time and on the day the child is dismissed from school for the school's spring vacation
and ending at:
(CHOOSE ONE)
1l 6:00p.m. on the day before school resumes after that vacation
the time and on the day school resumes after the school's spring vacation
CINDY ANN PUGA shall have possession of the child every odd-numbered year
beginning at:
(CHOOSE ONE)
.2l 6:00p.m. on the day the child is dismisSed from school for the school's spring vacation
the time and on the day the child is dismissed from school for the school's spring vacation
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and ending at:
• •
(CHOOSE ONE)
X 6:00p.m. on the day before school resumes after that vacation
the time and on the day school resumes after the school's spring vacation
Summer Vacation:
If JAVIER PUGA gives ESTELA GARZA and the other conservator written notice by April 1 of each year
specifying an extended period or periods of summer possession, JAVIER PUGA shall have possession of the child for
twenty.five days beginning not earlier than the day after the child's school is dismissed for the summer vacation and
ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more
than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at
6:00p.m. on each applicable day.
If JAVIER PUGA does not give ESTELA GARZA and the other conservator written notice by April 1 of each year
specifying an extended period or periods of summer possession, JAVIER PUGA shall have possession of the child for
twenty-five consecutive days beginning at 6:00p.m. on June 5 and ending at 6:00p.m. on June 30.
If CINDY ANN PUGA gives ESTELA GARZA and the other conservator written notice by April I of each year
specifying an extended period or periods of summer possession, CINDY ANN PUGA shall have possession of the child
for twenty-five days beginning not earlier than the day after the child's school is dismissed for the summer vacation and
ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more
than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at
6:00p.m. on each applicable day.
If CINDY ANN PUGA does not give ESTELA GARZA and the other conservator written notice by April 1 of each
year specifying an extended period or periods of summer possession, CINDY ANN PUGA shall have possession of the
child for twenty-five consecutive days beginning at 6:00p.m. on July 5 and ending at 6:00p.m. on July 30.
Further, if ESTELA GARZA gives a conservator written notice by Apri115 of each year, ESTELA GARZA shall have
possession of the child on any one weekend beginning at 6:00p.m. Friday and ending at 6:00p.m. on the following
Sunday during any one extended period of summer possession by that conservator, provided that if a period of possession
by the conservator exceeds fifteen days, ESTELA GARZA may have possession of the child under the terms of this
subdivision on any one weekend during that time period, and further provided that ESTELA GARZA picks up the child
from the conservator and returns the child to that same place.
If ESTELA GARZA gives the conservators written notice by April 15 of each year, ESTELA GARZA may designate
twenty-one days beginning not earlier than the day after the child's school is dismissed for the summer vacation and
ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more
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than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at
6:00p.m. on each applicable day, during which JAVIER PUGA and CINDY ANN PUGA may not have possession of the
child, provided that the period or periods so designated do not interfere withJAVIERPUGA's and CINDY ANN PUGA
period or periods of extended summer possession or with Father's Day if the conservator is the father of the child.
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•
ALL CONSERVATORS IRRESPECTIVE OF THE DISTANCE BETWEEN THEIR RESIDENCES
•
Irrespective of the distance between the residence of the conservators and the primary residence of the child, the
conservators shall have the rights to possession of the child as follows:
Christmas:
JAVIER PUGA shall have possession of the child in the years 2009, 2012 and every third year thereafter
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the day the child is dismissed from school for the school's Christmas vacation
the time and on the day the child is dismissed from school for the school's Christmas vacation
and ending at:
X noon on December 28th
JAVIER PUGA shall have possession of the child in the years 2010, 2013 and every third year thereafter
beginning at:
X noon on December 28th
and ending at:
(CHOOSE ONE)
X 6:00p.m. on the day before school resumes after the school's Christmas vacation
the time and on the day school resumes after the school's Christmas vacation
CINDY ANN PUGA shall have possession of the child in the years 20 II, 20 I4 and every third year thereafter
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the day the child is dismissed from school for the school's Christmas vacation
the time and on the day the child is dismissed from school for the school's Christmas vacation
and ending at:
X noon on December 28th
CINDY ANN PUGA shall have possession of the child in the years 2012, 20I5 and every third year thereafter
beginning at:
X noon on December 28th
and ending at:
(CHOOSE ONE)
X 6:00p.m. on the day before school resumes after the school's Christmas vacation
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•
the time and on the day school resumes after the school's Christmas vacation
•
Thanksgiving:
JAVIER PUGA shall have possession of the child in the years 2011, 2014 and every third year thereafter
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the day the child is dismissed from school before Thanksgiving
the time the child is dismissed for the Thanksgiving holiday
and ending at:
.X 6:00p.m. on the following Sunday
the time and on the day school resumes after the school's Thanksgiving vacation
CINDY ANN PUGA shall have possession of the child in the years 2010, 2013 and every third year thereafter
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the day the child is dismissed from school before Thanksgiving
the time the child is dismissed for the Thanksgiving holiday
and ending at:
X 6:00p.m. on the following Sunday
the time and on the day school reswnes after the school's Thanksgiving vacation
Child's Birthday:
Should ESTELA GARZA not be otherwise entitled under this order to present possession of a child on the child's
birthday ESTELA GARZA shall have possession of the child beginning at 5:00p.m. and ending at 6:00p.m. on that day,
provided that ESTELA GARZA picks up the child from the residence of the conservator entitled to possession and returns
the child to that same place.
Should JAVIER PUGA not be otheJWise entitled under this order to present possession of a child on the child's birthday
JAVIERPUGA shall have possession of the child beginning at 6:00p.m. and ending at 7:00p.m. on that day, provided
that JAVIER PUGA picks up the child from the residence of the conservator entitled to possession and returns the child to
that same place.
Should CINDY ANN PUGA not be otheJWise entitled under this order to present possession of a child on the child's
birthday CINDY ANN PUGA shall have possession of the child beginning at 7:00p.m. and ending at 8:00p.m. on that
PAGE _ _ o, __
• •
day, provided that CINDY ANN PUGA picks up the child from the residence of the conservator entitled to possession and
returns the child to that same place.
Father's Day:
If the father is a conservator, the father shall have possession of the child
beginning at:
X 6:00p.m. on the Friday preceding Father's Day
and ending at:
(CHOOSE ONE)
X 6:00p.m. on Father's Day, provided that, if he is not otherwise entitled under this order to present possession
of the child, he picks up the child from the residence of the conservator entitled to possession and returns the
child to that same place
8:00a.m. on the Monday following Father's Day weekend
Mother's Day:
If the mother is a conservator, the mother shall have possession of the child
beginning at:
(CHOOSE ONE)
X 6:00p.m. on the Friday preceding Mother's Day
The time the child's school is regularly dismissed on the Friday preceding Mother's Day
and ending at
(CHOOSE ONE)
X 6:00p.m. on Mother's Day, provided that, if she is not otherwise entitled under this order to present
possession of the child, she picks up the child from the residence of the conservator entitled to possession
and returns the child to the same place
the time the child's school resumes after Mother's Day
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• GENERAL TERMS AND CONDITIONS
•
Except as otherwise explicitly provided, terms and conditions of possession of the child that apply irrespective of
the distance between the residence of the conservator and the primary residence of the child are as follows:
The provisions for possession of the child during Christmas, Thanksgiving, Spring Vacation, Summer Vacation, the
child's birthday, Father's day, and Mother's day supersede any conflicting weekend or Thursday periods of possession.
Written notice shall be deemed to have been timely given if received or postmarked before or at the time that notice
is due.
Should JAVIER PUGA and CINDY ANN PUGA both choose the same period of time to exercise their right of extended
summer possession and access the first conservator making a timely written notice will be given preference over the other
conservator and may exercise the right of possession at the time or times indicate in the written notice.
ESTELA GARZA shall surrender the child to JAVIER PUGA or CINDY ANN PUGA at the beginning of each period
of JAVIER PUGA 's or CINDY ANN FUGA's possession at ESTELA GARZA's residence.
If a conservator elects to begin a period of possession at the time the child's school is regularly dismissed, ESTELA
GARZA shall surrender the child to the conservator at the beginning of each such period of possession at the school in
which the child is enrolled.
JAVIER PUGA and CINDY ANN PUGA shall:
(CHOOSE ONE)
surrender the child to ESTELA GARZA at the end of each period of possession at the residence of JAVIER
PUGA
.X.. return the child to the residence of ESTELA GARZA at the end of the period of possession, except that if
JAVIER PUGA 's county of domicile remains the same after the rendition of this order and if ESTELA
GARZA's county of domicile should change, effective on the date of the change of domicile by ESTELA
GARZA, JAVIER PUGA shall surrender the child to ESTELA GARZA at the end of each period of possession
at the residence of JAVIER PUGA.
If a conservator elects to end a period of possession at the time the child's school resumes, the conservator shall
surrender the child to ESTELA GARZA at the school in which the child is enrolled.
Each conservator shall return with the child the personal effects that the child brought at the beginning of the
period of possession.
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• •
Each conservator may designate any competent adult to pick up and return the child, as applicable. A conservator
or designated competent adult shall be present when the child is picked up or returned.
A conservator shall give notice to the person in possession of the child on each occasion that the parent will be
unable to exercise that parent's right of possession for any specified period. Repeated failure of a parent to give notice of
an inability to exercise possessory rights may be considered as a factor in a modification of those possessory rights.
If a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or
will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other
conservator that the child will not be or has not been returned to school.
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•
FINDINGS REGARDING MEDICAL SUPPORT AND CHILD SUPPORT OBLIGATIONS
•
!tis FOUND:
That 9% of JAVIER PUGA's gross annual resources is$ _} SS':qq, per month
JAVIER PUGA is obligated to provide support for the following:
(A) The number of children before the court is__..___
(B) The number of minor children not before the court residing in the same household with
JAVIERPUGA is Q
(C) The number of children not before the court for whom JAVIER P.UGA is obligated by a court
order to provide medical support, and who are not counted under Paragraph (A) or (B) is
0.
(D) The number of children not before the court for whom JAVIER PUGA is obligated by a court
order to provide child support, including those counted in (C) above, and who are not counted
under Paragraph (A) or (B) is 0 .
That 9% of CINDY ANN PUGA's gross annual resources is$ l \ 3, 0 q per month
CINDY ANN PUGA is obligated to provide support for the following:
(E) The number of children before the court is __l__ .
(F) The number of minor children not before the court residing in the same household with
CINDY ANN PUGA is 3
(G) The number of children not before the court for whom CINDY ANN PUGA is obligated by a
court order to provide medical support, and who are not counted under Paragraph (E) or (F) is
()
(H) The number of children not before the court for whom CINDY ANN PUGA is obligated by a
court order to provide child support, including those counted in (G) above, and who are not
counted under Paragraph (E) or (F) is 0
ESTELA GARZA provides health insurance coverage for '() other minor children.
ORDER ON NOTICE OF CHANGE OF STATUS PAGE\~ OF 1$
• MEDICAL SUPPORT
•
(MORE THAN ONE OPTION MAY BE APPROPRIATE)
0 1. Health insurance is available or is in effect for the child through the following parent's employment or
membership in a union, trade association, or other organization at a reasonable cost:
D CINDY ANN PUGA at an actual cost of cost$ per month.
0 JAVIER PUGA at an actual cost of$ -----~per month.
D 2. Health insurance is not available under option #1, but is available to the following parent from another
source at a reasonable cost:
D CINDY ANN PUGA at an actual cost of$ -----~per month.
D JAVIER PUGA at an actual cost of$ per month.
No parent has access to private health insurance at a reasonable cost.
D 4. Notwithstanding the findings made above, it is FOUND that good cause exists to deviate from the
statutory priorities in ordering health insurance for the following reason(s):
It is further FOUND that the following orders regarding health insurance are in the best interest of the child.
ORDER ON NOTICE OF CHANGE OF STATUS
•CHILD SUPPORT GUIDELINE FINDINGS
•
It is FOUND that, pursuant to Texas Family Code §154.130:
(1) the net resources of JAVIER PUGA per month are$ /411,)1 ;
(2) the net resources of CINDY ANN PUGA per month are$ (ll"l;IS ;
(3) the net resources of ESTELA GARZA per month are$ '11..1}~;
i,._
(4) the percentage applied toJAVIERPUGA's net resources for child support is '7...0,0 %; and
(5) the percentage applied to CINDY ANN FUGA's net resources for child support is J4 .15" %; and
{6) if applicable, the specific reasons that the amount of child support per month ordered by the court to be
paid by JAVIER PUGA varies from the amount computed by applying the percentage guidelines under
§§154.125 or 154.129 as applicable.
(7) if applicable, the specific reasons that the amount of child support per month ordered by the court to be
paid by CJND Y ANN FUGA varies from the amount computed by applying the percentage guidelines
under§§ 154.125 or 154.129 as applicable.
/
ORDER ON NOTICE OF CHANGE OF STATUS PAGafJ_OF~
•
HEALTH INSURANCE TO BE PROVIDED BY OBLIGEE
•
ESTELA GARZA
As additional child support, ESTELA GARZA is ORDERED to obtain, within 15 days after entry of this order,
health insurance for each child, subject of this suit, that covers basic health care services, including usual physician
services, office visits, hospitalization, laboratory, Xwray, and emergency services through:
____2(_ ESTELA GARZA's employment or membership in a union, trade association, or other organization.
Another source.
ESTELA GARZA is ORDERED to maintain such health insurance in full force and effect for any child, subject of
this suit, until the first of the following events occurs for the child:
1. the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the
provisions for support beyond the age of eighteen years set out below;
2. the child marries;
3. the child dies;
4. the child enlists in the anned forces of the United States and begins active service as defined by section 101 of
title 10 of the United States Code; or
5. the child's disabilities are otherwise removed for general purposes.
If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that this obligation
shall not tenninate but shall continue for as long as the child is enrolled:
1. under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a
high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior
college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the
Education Code or
Preview
NCPName: JAVIERPUGA • •A.G.- F.W CP Name: ESTELA GARZA CENTRAL APName: CINDYANNPUGA NCP OAG No.: 0012240552 & 0012237720 AP OAG No.: 0009519259 CAUSE NUMBER 231-331746-02 IN THE INTEREST OF § INTHE23/STD/STR/CTCOURT CASANDRA MARIE PUGA § OF A CHILD § TARRANT COUNTY, TEXAS ORDI)R ON NOTICE OF CHANGED STATUS (AP) On the·?_,(~ day of C) utP b, ,1..o I D the Court held a hearing in this cause. The OFFICE OF THE ATTORNEY GENERAL appeared by an ASSISTANT ATTORNEY GENERAL. ESTELA GARZA, grandmother of the child, ~ appeared in person (i; ~ agreed to the entry of these orders as evidJ11C:d by her signature; U although duly notified, did not appear. JAVIJR PUGA,Jather of the child, l!.f appearedinperson~y p-o s,..J'. ); v/' agreed to the entry of these orders as evidenced by his signature; U although duly notified, did not appear. CINDY ANN PUGA, mother of the child, ~ appeared in person (and hj< atto""'l' ~ 0 '),:Z. ); ~ entered a general appearance and agreed to ~ntry of these orders as evidenced by his signature; U although duly notified, did not appear. The Court finds that it has jurisdiction of the parties and the subject matter of this suit, and that the following orders are in the best interest of the child. A record of' e proceedings was: fL( waived by the parties with the consent of the court. U made by audio recording. ORDER ON NOTICE OF CHANGE OF STATUS PAGEL OF~ ----------------------------- ---- • CHILDREN • The following child is the subject of this suit: Name DOD SSN Birthplace CASANDRA MARIE PUGA F 2/2/2000 MODIFICATION OF ORDER The Court FINDS that, since rendition of the support and health care coverage order entitled AGREED ORDER IN SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP signed on 5/I6!200I, the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed or the conservator who has the exclusive right to establish the primacy residence of child, has voluntarily relinquished the primary care and possession of the child to another person for at least six months. The following orders are in the best interest of the child. CONSERVATORS The Court APPOINTS ESTELA GARZA, JAVIER PUGA and CINDY ANN PUGA as Joint Managing Conservators of the child. Each conservator of the child has at all times the following rights and duties: a. to receive infonnation from the other conservators of the child concerning- the health, education, and welfare of the child; b. to confer with the other conservators before making a decision concerning the health, education, and welfare of the child; c. of access to medical, dental, psychological and educational records of the child; d. to consult with any physician, dentist, or psychologist of the child; e. to consult with school officials concerning the child's welfare and educational status, including school activities; f. to attend school activities; g. to be designated on any records as a person to be notified in case of an emergency; h. to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; i. to manage the estate of the child to the extent the estate has been created by a conservator or a conservator's family. The Court designates ESTELA GARZA as the conservator with a. the exclusive right to designate the primary residence of the child and ORDERS that ESTELA GARZA [X] maintain the child's primary residence in TARRANT or any contiguous county; [ ] may detennine the child's primary residence without regard to geographic location; ORDER ON NOTICE OF CHANGE OF STATUS PAGE '(...OF% b. • • the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the children's action is required by a state, the United States, or a foreign government; c. the right to the services and earnings of the child; d. the right to consent to marriage and to enlistment in the armed forces of the United States; e. the right to consent to medical, dental, and surgical treatment involving invasive procedures; f. the right to consent to psychiatric and psychological treatment; g. the power to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; h. the right and power to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; i. the right to make decisions concerning the child's education. Unless limited by court order, each conservator of the child retains the following rights and duties during the period of possession of the child: a. the duty of care, control, protection, and reasonable discipline of the child; b. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care and education; c. the right to consent for the child to medical and dental care not involving an invasive procedure; and d. the right to direct the moral and religious training of the child. NOTICE TO PEACE OFFICER NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE REASONABLE EFFORTS TO ENFORCE mE TERMS OF CffiLD CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND TilE OFFICER'S AGENCY ARE ENTITLED TO mE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OmERWISE, REGARDING mE OFFICER'S GOOD FAim ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF TilE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000. POSSESSION AND ACCESS The Court ORDERS, pursuant to Texas Family Code Chapter 153, JAVIER PUGA, CINDY ANN PUGA and ESTELA GARZA to review and follow the possession and access schedule that is attached to this order and incorporated by reference. ORDER ON NOTICE OF CHANGE OF STATUS PAGE2_0F~ • POSSESSION AND ACCESS ORDER • ELECTIONS REGARDING ALTERNATE BEGINNING AND ENDING PERIODS OF POSSESSION ARE REQUIRED TO BE MADE AT THE TIME THIS ORDER IS ENTERED DEFINITIONS Child: The tenn "child" refers to the child or children of the parties who are the subjects of this suit and shall include the plural form whenever appropriate to the context. School: The tenn "school" refers to the primary or secondary school in which the child is enrolled, or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides. It is ORDERED that the conservators may have possession of the child at any and all times mutually agreed to in advance and, in the absence of mutual agreement, it is ORDERED that they shall have possession of the child as follows: CONSERVATORS WHO RESIDE 100 MILES OR LESS APART Except as otherwise explicitly provided, if JAVIER PUGA or CINDY ANN PUGA reside 100 miles or less from the primary residence of the child, that conservator shall have the rights to possession of the child as follows: Weekends: JAVIER PUGA shall have the right to possession of the child on weekends throughout the year beginning at: (CHOOSE ONE) X 6:00p.m. on the first and third Friday of each month the time the child's school is regularly dismissed on the first and third Friday of each month and ending at: (CHOOSE ONE) X 6:00p.m. on the following Sunday the time school resumes after the weekend CINDY ANN PUGA shall have the right to possession of the child on weekends throughout the year beginning at: (CHOOSE ONE) X 6:00p.m. on the second and fourth Friday of each month the time the child's school is regularly dismissed on the second and fourth Friday of each month and ending at: PAGE OF (CHOOSE ONE) • • .X. 6:00p.m. on the following Sunday the time school resumes after the weekend Except as otherwise explicitly provided herein, if a weekend period of possession of a conservator coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school tenn, as detennined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at: (CHOOSE ONE) X 6:00p.m. on Monday the time school resumes after the weekend Except as otherwise explicitly provided herein, if a weekend period of possession of a conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school tenn, as detennined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at: (CHOOSE ONE) X 6:00p.m. on Thursday the time school is regularly dismissed on Thursday Thursdays: JAVIER PUGA shall have the right to possession of the child on the first and third Thursdays of each month during the regular school tenn beginning at: (CHOOSE ONE) X 6:00p.m. the time the child's school is regularly dismissed and ending at: (CHOOSE ONE) X 8:00p.m. the time the child's school resumes on Friday PAGE OF • • CINDY ANN PUGA shall have the right to possession of the child on the second and fourth Thursdays of each month during the regular school term beginning at: (CHOOSE ONE) X 6:00p.m. the time the child's school is regularly dismissed and ending at: (CHOOSE ONE) X 8:00p.m. the time the child's school resumes on Friday Spring Vacation: JAVIER PUGA shall have possession of the child in 2010 and every third year thereafter beginning at: (CHOOSE ONE) X 6:00p.m. on the day the child is dismissed from school for the school's spring vacation the time and on the day the child is dismissed from school for the school's spring vacation and ending at: (CHOOSE ONE) X 6:00p.m. on the day before school resumes after that vacation the time and on the day school resumes after the school's spring vacation CINDY ANN FUGA shall have possession of the child in 2012 and every third year thereafter beginning at: (CHOOSE ONE) X 6:00p.m. on the day the child is dismissed from school for the school's spring vacation the time and on the day the child is dismissed from school for the school's spring vacation and ending at: (CHOOSE ONE) X 6:00p.m. on the day before school resumes after that vacation the time and on the day school resumes after the school's spring vacation Summer Vacation: If JAVIER PUGA or CINDY ANN PUGA gives ESTELA GARZA and the other conservator written notice by Aprill of each year specifying an extended period or periods of summer possession, the conservator giving notice shall have possession of the child for twenty days beginning not earlier than the day after the child's school is dismissed for the PAGE OF • • summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00p.m. on each applicable day. If JAVIER PUGA or CINDY ANN PUGA do not give ESTELA GARZA and the other conservator written notice by April 1 of each year specifying an extended period or periods of summer possession: JAVIERPUGA shall have possession of the child for twenty consecutive days beginning at 6:00p.m. on June 10 and ending at 6:00p.m. on June 30. CINDY ANN PUGA shall have possession of the child for twenty consecutive days beginning at 6:00p.m. on July 10 and ending at 6:00p.m. on July 30. Furthermore, if ESTELA GARZA gives a conservator written notice by April 15 of each year, ESTELA GARZA shall have possession of the child on any one weekend beginning Friday at 6:00p.m. and ending at 6:00p.m. on the following Sunday during any one extended ·period of summer possession by that conservator, provided that ESTELA GARZA picks up the child from the conservator and returns the child to that same place. Furthermore, if ESTELA GARZA gives the conservators written notice by April 15 of each year or gives the conservators 14 days written notice on or after April 16 of each year, ESTELA GARZA may designate one weekend beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by JAVIER PUGA or CINDY ANN PUGA will not take place, provided that the weekend so designated does not interfere with JAVIER PUGA 's or CINDY ANN PUGA 's period or periods of extended summer possession or with Father's Day if the conservator is the father of the child. PAGE OF • CONSERVATORS WHO RESIDE OVER 100 MILES APART • Except as otherwise explicitly provided, if JAVIER PUGA or CINDY ANN PUGA reside more than 100 miles from the residence of the child, that conservator shall have the rights to possession of the child as follows: Weekends: JAVIER PUGA shall have the right to possession of the child (CHOOSE ONE) on weekends throughout the year beginning at: (CHOOSE ONE) 6:00p.m. on the first and third Friday of each month the time the child's school is regularly dismissed on the first and third Friday of each month and ending at: (CHOOSE ONE) 6:00p.m. on the day before school resumes after the weekend the time the child's school resumes after the weekend (CHOOSE ONE) --~X"- not more than one weekend per month beginning on JAVIER PUGA 's choice of the first or third Friday of the month, at: (CHOOSE ONE) ----~X"- 6:00p.m. on the day school recesses for the weekend the time the child's school is regularly dismissed for the weekend and ending at: (CHOOSE ONE) .X.. 6:00p.m. on the day before school resumes after the weekend the time the child's school resumes after the weekend provided that JAVIER PUGA gives ESTELA GARZA fourteen days written or telephonic notice preceding a designated weekend. NOTE: If the parties begin residing over I 00 miles apart after rendition of this order, JAVIER PUGA may elect this alternative period of possession by written notice to ESTELA GARZA within ninety days after the parties began to reside more than 100 miles apart. JAVIER PUGA may not designate weekend possession under this section that PAGE OF ----------------------------- • • conflicts with the other provisions in this order concerning possession of the child during Christmas, Thanksgiving, the child's birthday, Father's Day weekend, or Mother's Day weekend. If a weekend period of possession of JAVIER PUGA coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at 6:00p.m. on Monday. If a weekend period of possession of JAVIER PUGA coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6:00p.m. on Thursday. CINDY ANN PUGA shall have the right to possession of the child (CHOOSE ONE) on weekends throughout the year beginning at: (CHOOSE ONE) 6:00p.m. on the second and fourth Friday of each month the time the child's school is regularly dismissed on the first and third Friday of each month and ending at: (CHOOSE ONE) 6:00p.m. on the day before school resumes after the weekend the time the child's school resumes after the weekend _ __1X~ not more than one weekend per month beginning onJAVIERPUGA's choice of the first or third Friday of the month, at: (CHOOSE ONE) --~X!S. 6:00p.m. on the day school recesses for the weekend the time the child's school is regularly dismissed for the weekend and ending at: (CHOOSE ONE) X 6:00p.m. on the day before school resumes after the weekend the time the child's school resumes after the weekend PAGE OF • • provided that CINDY ANN PUGA gives ESTELA GARZA fourteen days written or telephonic notice preceding a designated weekend. NOTE: If the parties begin residing over 100 miles apart after rendition of this order, CINDY ANN PUGA may elect this alternative period of possession by written notice to ESTELA GARZA within ninety days after the parties began to reside more than 100 miles apart. CINDY ANN PUGA may not designate weekend possession under this section that conflicts with the other provisions in this order concerning possession of the child during Christmas, Thanksgiving, the child's birthday, Father's Day weekend, or Mother's Day weekend. If a weekend period of possession of CINDY ANN PUGA coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school tenn, as detennined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at 6:00p.m. on Monday. If a weekend period of possession of CINDY ANN PUGA coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school tenn, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6:00p.m. on Thursday. Spring Vacation: JAVIER PUGA shall have possession of the child every even-numbered year beginning at: (CHOOSE ONE) 1l 6:00p.m. on the day the child is dismissed from school for the school's spring vacation the time and on the day the child is dismissed from school for the school's spring vacation and ending at: (CHOOSE ONE) 1l 6:00p.m. on the day before school resumes after that vacation the time and on the day school resumes after the school's spring vacation CINDY ANN PUGA shall have possession of the child every odd-numbered year beginning at: (CHOOSE ONE) .2l 6:00p.m. on the day the child is dismisSed from school for the school's spring vacation the time and on the day the child is dismissed from school for the school's spring vacation PAGE OF and ending at: • • (CHOOSE ONE) X 6:00p.m. on the day before school resumes after that vacation the time and on the day school resumes after the school's spring vacation Summer Vacation: If JAVIER PUGA gives ESTELA GARZA and the other conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, JAVIER PUGA shall have possession of the child for twenty.five days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00p.m. on each applicable day. If JAVIER PUGA does not give ESTELA GARZA and the other conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, JAVIER PUGA shall have possession of the child for twenty-five consecutive days beginning at 6:00p.m. on June 5 and ending at 6:00p.m. on June 30. If CINDY ANN PUGA gives ESTELA GARZA and the other conservator written notice by April I of each year specifying an extended period or periods of summer possession, CINDY ANN PUGA shall have possession of the child for twenty-five days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00p.m. on each applicable day. If CINDY ANN PUGA does not give ESTELA GARZA and the other conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, CINDY ANN PUGA shall have possession of the child for twenty-five consecutive days beginning at 6:00p.m. on July 5 and ending at 6:00p.m. on July 30. Further, if ESTELA GARZA gives a conservator written notice by Apri115 of each year, ESTELA GARZA shall have possession of the child on any one weekend beginning at 6:00p.m. Friday and ending at 6:00p.m. on the following Sunday during any one extended period of summer possession by that conservator, provided that if a period of possession by the conservator exceeds fifteen days, ESTELA GARZA may have possession of the child under the terms of this subdivision on any one weekend during that time period, and further provided that ESTELA GARZA picks up the child from the conservator and returns the child to that same place. If ESTELA GARZA gives the conservators written notice by April 15 of each year, ESTELA GARZA may designate twenty-one days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more PAGE OF • • than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00p.m. on each applicable day, during which JAVIER PUGA and CINDY ANN PUGA may not have possession of the child, provided that the period or periods so designated do not interfere withJAVIERPUGA's and CINDY ANN PUGA period or periods of extended summer possession or with Father's Day if the conservator is the father of the child. PAGE OF • ALL CONSERVATORS IRRESPECTIVE OF THE DISTANCE BETWEEN THEIR RESIDENCES • Irrespective of the distance between the residence of the conservators and the primary residence of the child, the conservators shall have the rights to possession of the child as follows: Christmas: JAVIER PUGA shall have possession of the child in the years 2009, 2012 and every third year thereafter beginning at: (CHOOSE ONE) X 6:00p.m. on the day the child is dismissed from school for the school's Christmas vacation the time and on the day the child is dismissed from school for the school's Christmas vacation and ending at: X noon on December 28th JAVIER PUGA shall have possession of the child in the years 2010, 2013 and every third year thereafter beginning at: X noon on December 28th and ending at: (CHOOSE ONE) X 6:00p.m. on the day before school resumes after the school's Christmas vacation the time and on the day school resumes after the school's Christmas vacation CINDY ANN PUGA shall have possession of the child in the years 20 II, 20 I4 and every third year thereafter beginning at: (CHOOSE ONE) X 6:00p.m. on the day the child is dismissed from school for the school's Christmas vacation the time and on the day the child is dismissed from school for the school's Christmas vacation and ending at: X noon on December 28th CINDY ANN PUGA shall have possession of the child in the years 2012, 20I5 and every third year thereafter beginning at: X noon on December 28th and ending at: (CHOOSE ONE) X 6:00p.m. on the day before school resumes after the school's Christmas vacation PAGE OF • the time and on the day school resumes after the school's Christmas vacation • Thanksgiving: JAVIER PUGA shall have possession of the child in the years 2011, 2014 and every third year thereafter beginning at: (CHOOSE ONE) X 6:00p.m. on the day the child is dismissed from school before Thanksgiving the time the child is dismissed for the Thanksgiving holiday and ending at: .X 6:00p.m. on the following Sunday the time and on the day school resumes after the school's Thanksgiving vacation CINDY ANN PUGA shall have possession of the child in the years 2010, 2013 and every third year thereafter beginning at: (CHOOSE ONE) X 6:00p.m. on the day the child is dismissed from school before Thanksgiving the time the child is dismissed for the Thanksgiving holiday and ending at: X 6:00p.m. on the following Sunday the time and on the day school reswnes after the school's Thanksgiving vacation Child's Birthday: Should ESTELA GARZA not be otherwise entitled under this order to present possession of a child on the child's birthday ESTELA GARZA shall have possession of the child beginning at 5:00p.m. and ending at 6:00p.m. on that day, provided that ESTELA GARZA picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. Should JAVIER PUGA not be otheJWise entitled under this order to present possession of a child on the child's birthday JAVIERPUGA shall have possession of the child beginning at 6:00p.m. and ending at 7:00p.m. on that day, provided that JAVIER PUGA picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. Should CINDY ANN PUGA not be otheJWise entitled under this order to present possession of a child on the child's birthday CINDY ANN PUGA shall have possession of the child beginning at 7:00p.m. and ending at 8:00p.m. on that PAGE _ _ o, __ • • day, provided that CINDY ANN PUGA picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. Father's Day: If the father is a conservator, the father shall have possession of the child beginning at: X 6:00p.m. on the Friday preceding Father's Day and ending at: (CHOOSE ONE) X 6:00p.m. on Father's Day, provided that, if he is not otherwise entitled under this order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place 8:00a.m. on the Monday following Father's Day weekend Mother's Day: If the mother is a conservator, the mother shall have possession of the child beginning at: (CHOOSE ONE) X 6:00p.m. on the Friday preceding Mother's Day The time the child's school is regularly dismissed on the Friday preceding Mother's Day and ending at (CHOOSE ONE) X 6:00p.m. on Mother's Day, provided that, if she is not otherwise entitled under this order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to the same place the time the child's school resumes after Mother's Day PAGE OF • GENERAL TERMS AND CONDITIONS • Except as otherwise explicitly provided, terms and conditions of possession of the child that apply irrespective of the distance between the residence of the conservator and the primary residence of the child are as follows: The provisions for possession of the child during Christmas, Thanksgiving, Spring Vacation, Summer Vacation, the child's birthday, Father's day, and Mother's day supersede any conflicting weekend or Thursday periods of possession. Written notice shall be deemed to have been timely given if received or postmarked before or at the time that notice is due. Should JAVIER PUGA and CINDY ANN PUGA both choose the same period of time to exercise their right of extended summer possession and access the first conservator making a timely written notice will be given preference over the other conservator and may exercise the right of possession at the time or times indicate in the written notice. ESTELA GARZA shall surrender the child to JAVIER PUGA or CINDY ANN PUGA at the beginning of each period of JAVIER PUGA 's or CINDY ANN FUGA's possession at ESTELA GARZA's residence. If a conservator elects to begin a period of possession at the time the child's school is regularly dismissed, ESTELA GARZA shall surrender the child to the conservator at the beginning of each such period of possession at the school in which the child is enrolled. JAVIER PUGA and CINDY ANN PUGA shall: (CHOOSE ONE) surrender the child to ESTELA GARZA at the end of each period of possession at the residence of JAVIER PUGA .X.. return the child to the residence of ESTELA GARZA at the end of the period of possession, except that if JAVIER PUGA 's county of domicile remains the same after the rendition of this order and if ESTELA GARZA's county of domicile should change, effective on the date of the change of domicile by ESTELA GARZA, JAVIER PUGA shall surrender the child to ESTELA GARZA at the end of each period of possession at the residence of JAVIER PUGA. If a conservator elects to end a period of possession at the time the child's school resumes, the conservator shall surrender the child to ESTELA GARZA at the school in which the child is enrolled. Each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession. PAGE OF • • Each conservator may designate any competent adult to pick up and return the child, as applicable. A conservator or designated competent adult shall be present when the child is picked up or returned. A conservator shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for any specified period. Repeated failure of a parent to give notice of an inability to exercise possessory rights may be considered as a factor in a modification of those possessory rights. If a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. PAGE OF • FINDINGS REGARDING MEDICAL SUPPORT AND CHILD SUPPORT OBLIGATIONS • !tis FOUND: That 9% of JAVIER PUGA's gross annual resources is$ _} SS':qq, per month JAVIER PUGA is obligated to provide support for the following: (A) The number of children before the court is__..___ (B) The number of minor children not before the court residing in the same household with JAVIERPUGA is Q (C) The number of children not before the court for whom JAVIER P.UGA is obligated by a court order to provide medical support, and who are not counted under Paragraph (A) or (B) is 0. (D) The number of children not before the court for whom JAVIER PUGA is obligated by a court order to provide child support, including those counted in (C) above, and who are not counted under Paragraph (A) or (B) is 0 . That 9% of CINDY ANN PUGA's gross annual resources is$ l \ 3, 0 q per month CINDY ANN PUGA is obligated to provide support for the following: (E) The number of children before the court is __l__ . (F) The number of minor children not before the court residing in the same household with CINDY ANN PUGA is 3 (G) The number of children not before the court for whom CINDY ANN PUGA is obligated by a court order to provide medical support, and who are not counted under Paragraph (E) or (F) is () (H) The number of children not before the court for whom CINDY ANN PUGA is obligated by a court order to provide child support, including those counted in (G) above, and who are not counted under Paragraph (E) or (F) is 0 ESTELA GARZA provides health insurance coverage for '() other minor children. ORDER ON NOTICE OF CHANGE OF STATUS PAGE\~ OF 1$ • MEDICAL SUPPORT • (MORE THAN ONE OPTION MAY BE APPROPRIATE) 0 1. Health insurance is available or is in effect for the child through the following parent's employment or membership in a union, trade association, or other organization at a reasonable cost: D CINDY ANN PUGA at an actual cost of cost$ per month. 0 JAVIER PUGA at an actual cost of$ -----~per month. D 2. Health insurance is not available under option #1, but is available to the following parent from another source at a reasonable cost: D CINDY ANN PUGA at an actual cost of$ -----~per month. D JAVIER PUGA at an actual cost of$ per month. No parent has access to private health insurance at a reasonable cost. D 4. Notwithstanding the findings made above, it is FOUND that good cause exists to deviate from the statutory priorities in ordering health insurance for the following reason(s): It is further FOUND that the following orders regarding health insurance are in the best interest of the child. ORDER ON NOTICE OF CHANGE OF STATUS •CHILD SUPPORT GUIDELINE FINDINGS • It is FOUND that, pursuant to Texas Family Code §154.130: (1) the net resources of JAVIER PUGA per month are$ /411,)1 ; (2) the net resources of CINDY ANN PUGA per month are$ (ll"l;IS ; (3) the net resources of ESTELA GARZA per month are$ '11..1}~; i,._ (4) the percentage applied toJAVIERPUGA's net resources for child support is '7...0,0 %; and (5) the percentage applied to CINDY ANN FUGA's net resources for child support is J4 .15" %; and {6) if applicable, the specific reasons that the amount of child support per month ordered by the court to be paid by JAVIER PUGA varies from the amount computed by applying the percentage guidelines under §§154.125 or 154.129 as applicable. (7) if applicable, the specific reasons that the amount of child support per month ordered by the court to be paid by CJND Y ANN FUGA varies from the amount computed by applying the percentage guidelines under§§ 154.125 or 154.129 as applicable. / ORDER ON NOTICE OF CHANGE OF STATUS PAGafJ_OF~ • HEALTH INSURANCE TO BE PROVIDED BY OBLIGEE • ESTELA GARZA As additional child support, ESTELA GARZA is ORDERED to obtain, within 15 days after entry of this order, health insurance for each child, subject of this suit, that covers basic health care services, including usual physician services, office visits, hospitalization, laboratory, Xwray, and emergency services through: ____2(_ ESTELA GARZA's employment or membership in a union, trade association, or other organization. Another source. ESTELA GARZA is ORDERED to maintain such health insurance in full force and effect for any child, subject of this suit, until the first of the following events occurs for the child: 1. the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below; 2. the child marries; 3. the child dies; 4. the child enlists in the anned forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or 5. the child's disabilities are otherwise removed for general purposes. If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that this obligation shall not tenninate but shall continue for as long as the child is enrolled: 1. under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or