Preview
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
CAUSE NO. 21-1938-D
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
MATTHEW SOCKWELL §
AND § 321 JUDICIAL DISTRICT
KELSEY MCKAY §
§
AND IN THE INTEREST OF §
M.P.S., M.R.S. AND M.T.S., § SMITH COUNTY, TEXAS
CHILDREN §
TEMPORARY ORDERS
On September 10, 2021 the Court heard Respondent's motion for temporary
orders.
Appearances
Petitioner, MATTHEW SOCKWELL, appeared in person and through attorneys
of record, MATTHEW L. THIGPEN/EMILY PATTON, and announced ready.
Respondent, KELSEY MCKAY, appeared in person and through attorney of
record, SARINA D. HAGER, and announced ready.
Jurisdiction
The Court, after examining the record and hearing the evidence and argument of
counsel, finds that all necessary prerequisites of the law have been legally satisfied and
that the Court has jurisdiction of this case and of all the parties.
Children
The following orders are for the safety and welfare and in the best interest of the
following children:
___________________________________________________________________________ 1
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
Name: M.P.S.
Sex: Female
Birth date: 07/15/2016
Home state: Texas
Name: M.R.S.
Sex: Female
Birth date: 08/11/2017
Home state: Texas
Name: M.T.S.
Sex: Male
Birth date: 10/01/2018
Home state: Texas
Conservatorship
IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY are
appointed Temporary Joint Managing Conservators of the following children: M.P.S.,
M.R.S. and M.T.S.
IT IS ORDERED that, at all times, KELSEY MCKAY, as a parent temporary joint
managing conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before
making a decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational
records of the children;
4. the right to consult with a physician, dentist, or psychologist of the
children;
5. the right to consult with school officials concerning the children's welfare
and educational status, including school activities;
6. the right to attend school activities, including school lunches,
performances, and field trips;
___________________________________________________________________________ 2
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
7. the right to be designated on the children's records as a person to be
notified in case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates
have been created by the parent's family or by the parent, other than by the community
or joint property of the parent.
IT IS ORDERED that, at all times, MATTHEW SOCKWELL, as a parent
temporary joint managing conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before
making a decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational
records of the children;
4. the right to consult with a physician, dentist, or psychologist of the
children;
5. the right to consult with school officials concerning the children's welfare
and educational status, including school activities;
6. the right to attend school activities, including school lunches,
performances, and field trips;
7. the right to be designated on the children's records as a person to be
notified in case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates
have been created by the parent's family or by the parent, other than by the community
or joint property of the parent.
IT IS ORDERED that, at all times, MATTHEW SOCKWELL and KELSEY
___________________________________________________________________________ 3
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
MCKAY, as parent temporary joint managing conservators, shall each have the following
duties:
1. the duty to inform the other conservator of the children in a timely
manner of significant information concerning the health, education, and welfare of the
children;
2. the duty to inform the other conservator of the children if the conservator
resides with for at least thirty days, marries, or intends to marry a person who the
conservator knows is registered as a sex offender under chapter 62 of the Texas Code of
Criminal Procedure or is currently charged with an offense for which on conviction the
person would be required to register under that chapter. IT IS ORDERED that notice of
this information shall be provided to the other conservator of the children as soon as
practicable, but not later than the fortieth day after the date the conservator of the
children begins to reside with the person or on the tenth day after the date the marriage
occurs, as appropriate. IT IS ORDERED that the notice must include a description of
the offense that is the basis of the person's requirement to register as a sex offender or of
the offense with which the person is charged. WARNING: A CONSERVATOR
COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE
CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
3. the duty to inform the other conservator of the children if the conservator
establishes a residence with a person who the conservator knows is the subject of a final
protective order sought by an individual other than the conservator that is in effect on
the date the residence with the person is established. IT IS ORDERED that notice of
this information shall be provided to the other conservator of the children as soon as
practicable, but not later than the thirtieth day after the date the conservator establishes
residence with the person who is the subject of the final protective order. WARNING: A
CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C
MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
4. the duty to inform the other conservator of the children if the conservator
resides with, or allows unsupervised access to a child by, a person who is the subject of a
final protective order sought by the conservator after the expiration of sixty-day period
following the date the final protective order is issued. IT IS ORDERED that notice of
this information shall be provided to the other conservator of the children as soon as
practicable, but not later than the ninetieth day after the date the final protective order
was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE
AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS
NOTICE; and
5. the duty to inform the other conservator of the children if the conservator
is the subject of a final protective order issued after the date of the order establishing
conservatorship. IT IS ORDERED that notice of this information shall be provided to
___________________________________________________________________________ 4
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
the other conservator of the children as soon as practicable, but not later than the
thirtieth day after the date the final protective order was issued. WARNING: A
CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C
MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
IT IS ORDERED that, during her periods of possession, KELSEY MCKAY, as
parent temporary joint managing conservator, shall have the following rights and
duties:
1. the duty of care, control, protection, and reasonable discipline of the
children;
2. the duty to support the children, including providing the children with
clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not
involving an invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that, during his periods of possession, MATTHEW SOCKWELL,
as parent temporary joint managing conservator, shall have the following rights and
duties:
1. the duty of care, control, protection, and reasonable discipline of the
children;
2. the duty to support the children, including providing the children with
clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not
involving an invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that KELSEY MCKAY, as a parent temporary joint managing
conservator, shall have the following rights and duty:
1. the exclusive right to designate the primary residence of the children
within Smith County, Texas;
___________________________________________________________________________ 5
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
2. the right, subject to the agreement of the other parent conservator, to
consent to medical, dental, and surgical treatment involving invasive procedures;
3. the independent right to consent to psychiatric and psychological
treatment of the children;
4. the independent right to receive and give receipt for periodic payments for
the support of the children and to hold or disburse these funds for the benefit of the
children;
5. the independent right to represent the children in legal action and to make
other decisions of substantial legal significance concerning the children;
6. the independent right to consent to marriage and to enlistment in the
armed forces of the United States;
7. the independent right to make decisions concerning the children's
education;
8. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
9. except when a guardian of the children's estates or a guardian or attorney
ad litem has been appointed for the children, the independent right to act as an agent of
the children in relation to the children's estates if the children's action is required by a
state, the United States, or a foreign government;
10. the right, subject to the agreement of the other conservator, to apply for
passports for the children, to renew the children's passports, and to maintain possession
of the children's passports; and
11. the independent duty to manage the estates of the children to the extent
the estates have been created by the community or joint property of the parent.
IT IS ORDERED that MATTHEW SOCKWELL, as a parent temporary joint
managing conservator, shall have the following rights and duty:
1. the right, subject to the agreement of the other parent conservator, to
consent to medical, dental, and surgical treatment involving invasive procedures;
2. the independent right to consent to psychiatric and psychological
treatment of the children;
___________________________________________________________________________ 6
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
3. the independent right to receive and give receipt for periodic payments for
the support of the children and to hold or disburse these funds for the benefit of the
children;
4. the independent right to represent the children in legal action and to make
other decisions of substantial legal significance concerning the children;
5. the independent right to consent to marriage and to enlistment in the
armed forces of the United States;
6. the independent right to make decisions concerning the children's
education;
7. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
8. except when a guardian of the children's estates or a guardian or attorney
ad litem has been appointed for the children, the independent right to act as an agent of
the children in relation to the children's estates if the children's action is required by a
state, the United States, or a foreign government;
9. the right, subject to the agreement of the other conservator, to apply for
passports for the children, to renew the children's passports, and to maintain possession
of the children's passports; and
10. the independent duty to manage the estates of the children to the extent
the estates have been created by the community or joint property of the parent.
The Court finds that, in accordance with section 153.001 of the Texas Family
Code, it is the public policy of Texas to assure that children will have frequent and
continuing contact with parents who have shown the ability to act in the best interest of
the child, to provide a safe, stable, and nonviolent environment for the child, and to
encourage parents to share in the rights and duties of raising their child after the
parents have separated or dissolved their marriage. IT IS ORDERED that the primary
residence of the children shall be within Smith County, Texas, and the parties shall not
remove the children from Smith County, Texas for the purpose of changing the primary
residence of the children until this geographic restriction is modified by further order of
___________________________________________________________________________ 7
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
the court of continuing jurisdiction or by a written agreement that is signed by the
parties and filed with that court.
IT IS FURTHER ORDERED that KELSEY MCKAY shall have the exclusive right
to designate the children's primary residence within Smith County, Texas.
IT IS FURTHER ORDERED that this geographic restriction on the residence of
the children shall be lifted if, at the time KELSEY MCKAY wishes to remove the children
from Smith County, Texas for the purpose of changing the primary residence of the
children, MATTHEW SOCKWELL does not reside in Smith County, Texas.
Notwithstanding any provision in this order to the contrary, IT IS ORDERED
that KELSEY MCKAY shall have the exclusive right to enroll the children in school.
Each conservator, during that conservator's period of possession, is ORDERED to
ensure the children's attendance in the schools in which KELSEY MCKAY has enrolled
the children.
If a party applies for a passport for the children, that party, is ORDERED to
notify the other party of that fact no later than ten days after the application.
IT IS ORDERED that if a parent's consent is required for the issuance of a
passport, that parent shall provide that consent in writing no later than ten days after
receipt of the consent documents, unless the parent has good cause for withholding that
consent.
IT IS ORDERED that KELSEY MCKAY shall have the exclusive right and duty to
prepare and file income tax returns for the estates of M.P.S., M.R.S. and M.T.S..
IT IS ORDERED that MATTHEW SOCKWELL shall furnish such information to
KELSEY MCKAY as is requested to prepare federal income tax returns for the children's
___________________________________________________________________________ 8
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
estates within thirty days of receipt of a written request for the information, and in no
event shall the information be furnished later than November 1, 2021. As requested
information becomes available after that date, it shall be provided within ten days of
receipt.
Possession and Access
1. Possession Order
IT IS ORDERED that MATTHEW SOCKWELL will have supervised
possession of and access to the children each week from Sundays at noon until
Tuesdays until noon.
2. Place of Exchange
IT IS ORDERED that the place of exchange shall be the McDonald’s
located at 3511 S Main St, Lindale, TX 75771.
3. Duration
The periods of possession ordered above apply to each child the subject of
this suit while that child is under the age of eighteen years and not otherwise
emancipated.
4. Supervised Visitation
The Court finds that credible evidence has been presented that there is a
history or pattern of family violence committed by MATTHEW SOCKWELL. IT
IS THEREFORE ORDERED that MATTHEW SOCKWELL's access shall be under
the supervision of Edgar Sockwell on the following days and times: Sundays
from noon through Tuesdays at noon of each week.
___________________________________________________________________________ 9
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
Child Support
IT IS ORDERED that no party will owe child support to the other party.
Medical and Dental Support
1. IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY shall
each provide additional child support for each child as set out in this order for as long as
the Court may order MATTHEW SOCKWELL and KELSEY MCKAY to provide support
for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning
on the day MATTHEW SOCKWELL and KELSEY MCKAY's actual or potential
obligation to support a child under sections 154.001 and 154.002 of the Family Code
terminates, IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY are
discharged from these obligations with respect to that child, except for any failure by a
parent to fully comply with these obligations before that date. IT IS FURTHER
ORDERED that the cash medical support payments for costs of health and dental
insurance ordered below are payable through the state disbursement unit or as directed
below and subject to the provisions for withholding from earnings provided above for
other child support payments.
2. Definitions -
"Health Insurance" means insurance coverage that provides basic health-care
services, including usual physician services, office visits, hospitalization, and laboratory,
X-ray, and emergency services, that may be provided through a health maintenance
organization or other private or public organization, other than medical assistance
under chapter 32 of the Texas Human Resources Code.
"Reasonable cost" means the total cost of health insurance coverage for all
___________________________________________________________________________ 10
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
children for which MATTHEW SOCKWELL is responsible under a medical support
order that does not exceed 9 percent of MATTHEW SOCKWELL's annual resources, as
described by section 154.062(b) of the Texas Family Code.
"Dental insurance" means insurance coverage that provides preventive dental
care and other dental services, including usual dentist services, office visits,
examinations, X-rays, and emergency services, that may be provided through a single
service health maintenance organization or other private or public organization.
"Reasonable cost" of dental insurance means the total cost of dental insurance
coverage for all children for which MATTHEW SOCKWELL is responsible under a
medical support order that does not exceed 1.5 percent of MATTHEW SOCKWELL's
annual resources, as described by section 154.062(b) of the Texas Family Code.
"Health-care expenses" include, without limitation, medical, surgical,
prescription drug, mental health-care services, dental, eye care, ophthalmological, and
orthodontic charges but do not include expenses for travel to and from the provider or
for nonprescription medication.
"Health-care expenses that are not reimbursed by insurance" ("unreimbursed
expenses") include related copayments and deductibles.
"Furnish" means -
a. to deliver the document to the recipient by first-class mail or by
certified mail, return receipt requested, to the recipient's last known
mailing or residence address
b. to deliver the document to the recipient at the recipient's electronic
mail address as follows:
___________________________________________________________________________ 11
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
MATTHEW SOCKWELL: Msockwell2@gmail.com
KELSEY MCKAY: kelseymckay@ymail.com
and in the event of any change in either recipient's electronic mail
address, that recipient is ORDERED to notify the other recipient of
such change in writing within twenty-four hours after the change
c. to deliver the document to the recipient at the recipient's mobile
telephone by text message as follows:
MATTHEW SOCKWELL: 903-944-9554
KELSEY MCKAY: 361-290-5477
and in the event of any change in either recipient's mobile
telephone number, that recipient is ORDERED to notify the other
recipient of such change in writing within twenty-four hours after
the change
3. Findings on Availability of Health Insurance - Having considered the cost,
accessibility, and quality of health insurance coverage available to the parties, the Court
finds:
No parent has access to private health insurance at a reasonable cost.
IT IS FURTHER FOUND that the following orders regarding health-care
coverage are in the best interest of the children.
4. Provision of Health-Care Coverage -
KELSEY MCKAY is ORDERED to maintain coverage under a governmental
medical assistance program or health plan for each child as long as child support is
payable for that child, by paying all applicable fees required for the coverage, including
___________________________________________________________________________ 12
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
but not limited to enrollment fees and premiums. KELSEY MCKAY is ORDERED-
a. to furnish to each conservator of the children the following information no
later than the thirtieth day after the date the notice of the rendition of this
order is received:
i. KELSEY MCKAY's Social Security number;
ii. proof that coverage under a governmental medical assistance
program or health plan has been provided for the children;
iii. the following documents, to the extent they are applicable for the
coverage provided for the children:
(a) the name of the health insurance carrier;
(b) the number of the policy;
(c) a copy of the policy;
(d) a schedule of benefits;
(e) a health insurance membership card or Children's Medicaid
card;
(f) claim forms, and
(g) any other information necessary to submit a claim;
b. to furnish to each conservator of the children a copy of any renewals or
changes to the coverage provided for a child and any additional
information regarding that coverage of the children not later than the
fifteenth day after KELSEY MCKAY receives or is provided with the
renewal, change, or additional information;
c. to notify each conservator of the children of any termination or lapse of
___________________________________________________________________________ 13
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
coverage provided for a child no later than the fifteenth day after the date
of the termination or lapse;
d. after termination or lapse of coverage provided for the children, to notify
each conservator of the children of the availability to KELSEY MCKAY of
additional health insurance for the children or coverage under a
governmental medical assistance program or health plan not later than the
fifteenth day after the date the additional health insurance or coverage
becomes available; and
e. after termination or lapse of the coverage provided for the children, to
enroll the children in a medical assistance program under chapter 32 of
the Texas Human Resources Code or a state child health plan under
chapter 62 of the Texas Health and Safety Code if the children are eligible
for enrollment in the program.
Pursuant to section 154.182(b)(3) of the Texas Family Code, MATTHEW
SOCKWELL is ORDERED to pay KELSEY MCKAY cash medical support, as additional
child support, of eighty-seven dollars ($87) per month, with the first installment being
due and payable on October 1, 2021 and a like installment being due and payable on or
before the first day of each month until the termination or modification of current child
support for M.P.S., M.R.S. and M.T.S..
IT IS FURTHER ORDERED that the Income Withholding Order for Support
authorized in this order shall include the payments for cash medical support ordered
herein.
IT IS FURTHER ORDERED that all payments of cash medical support shall be
___________________________________________________________________________ 14
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
made through the state disbursement unit at Texas Child Support Disbursement Unit,
P.O. Box 659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments
shall be made payable to the Office of the Attorney General and include the ten-digit
Office of the Attorney General case number (if available), the cause number of this suit,
MATTHEW SOCKWELL's name as the name of the noncustodial parent (NCP), and
KELSEY MCKAY's name as the name of the custodial parent (CP). Payment options are
found on the Office of the Attorney General's website at
https://www.texasattorneygeneral.gov/cs/payment-options-and-types.
MATTHEW SOCKWELL is allowed to discontinue payment of cash medical
support, for the time MATTHEW SOCKWELL is providing coverage, if-
a. health insurance for the children becomes available to MATTHEW
SOCKWELL at a reasonable cost;
b. MATTHEW SOCKWELL enrolls the children in the insurance plan;
and
c. MATTHEW SOCKWELL provides KELSEY MCKAY the
information required under section 154.185 of the Texas Family
Code.
5. Findings on Availability of Dental Insurance – Having considered the cost,
accessibility, and quality of dental insurance coverage available to the parties, the Court
finds:
No parent has access to dental insurance at a reasonable cost.
6. Allocation of Unreimbursed Expenses -
Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and
___________________________________________________________________________ 15
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
necessary health-care expenses of the children that are not reimbursed by health
insurance or dental insurance or are not otherwise covered by the amount of cash
medical support ordered above are allocated as follows: KELSEY MCKAY is ORDERED
to pay 50 percent and MATTHEW SOCKWELL is ORDERED to pay 50 percent of the
unreimbursed health-care expenses that exceed the amount of cash medical support
paid by MATTHEW SOCKWELL.
The conservator who incurs a health-care expense on behalf of a child is
ORDERED to furnish to the other conservator all forms, receipts, bills, statements, and
explanations of benefits reflecting the uninsured portion of the health-care expenses
within thirty days after the incurring conservator receives them. If the incurring
conservator furnishes to the nonincurring conservator the forms, receipts, bills,
statements, and explanations of benefits reflecting the unreimbursed portion of the
health-care expenses within thirty days after the incurring conservator receives them,
the nonincurring conservator is ORDERED to pay the non-incurring conservator's
percentage of the unreimbursed portion of the health-care expenses either by paying the
health-care provider directly or by reimbursing the incurring conservator for any
advance payment exceeding the incurring conservator's percentage of the unreimbursed
portion of the health-care expenses within thirty days after the nonincurring
conservator receives the forms, receipts, bills, statements, and/or explanations of
benefits. If the incurring conservator fails to furnish to the nonincurring conservator
the forms, receipts, bills, statements, and explanations of benefits reflecting the
unreimbursed portion of the health-care expenses within thirty days after the incurring
conservator receives them, the nonincurring conservator is ORDERED to pay the
___________________________________________________________________________ 16
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children
nonincurring conservator's percentage of the unreimbursed portion of the health-care
expenses either by paying the health-care provider directly or by reimbursing the
incurring conservator's percentage of the unreimbursed portion of the health-care
expenses within 120 days after the nonincurring conservator receives the forms,
receipts, bills, statements, and/or explanations of benefits.
7. WARNING - A PARENT ORDERED TO PROVIDE HEALTH
INSURANCE OR DENTAL INSURANCE OR TO PAY THE OTHER PARENT
ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE OR
DENTAL INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY
MEDICAL EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER THE
EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE OR DENTAL
INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH
INSURANCE PREMIUMS, DENTAL INSURANCE PREMIUMS, OR CONTRIBUTIONS,
IF ANY, PAID ON BEHALF OF THE CHILDREN.
8. Notice to Employer - On this date a Medical Support Notice was signed by
the Court. For the purpose of section 1169 of title 29 of the United States Code, the
conservator not carrying the health or dental insurance policy is designated the
custodial parent and alternate recipient's representative.
Other Child Related Provisions
Parent Education and Family Stabilization Course
IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY shall each
individually register to attend family therapy with with Aurora Valdovinos, L.M.F.T., at
1800 Shiloh Road, Suite 301, Tyler, Texas 75703 (903) 939-3400 on or before
___________________________________________________________________________ 17
Temporary Orders
Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Childr
Preview
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 21-1938-D IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § MATTHEW SOCKWELL § AND § 321 JUDICIAL DISTRICT KELSEY MCKAY § § AND IN THE INTEREST OF § M.P.S., M.R.S. AND M.T.S., § SMITH COUNTY, TEXAS CHILDREN § TEMPORARY ORDERS On September 10, 2021 the Court heard Respondent's motion for temporary orders. Appearances Petitioner, MATTHEW SOCKWELL, appeared in person and through attorneys of record, MATTHEW L. THIGPEN/EMILY PATTON, and announced ready. Respondent, KELSEY MCKAY, appeared in person and through attorney of record, SARINA D. HAGER, and announced ready. Jurisdiction The Court, after examining the record and hearing the evidence and argument of counsel, finds that all necessary prerequisites of the law have been legally satisfied and that the Court has jurisdiction of this case and of all the parties. Children The following orders are for the safety and welfare and in the best interest of the following children: ___________________________________________________________________________ 1 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children Name: M.P.S. Sex: Female Birth date: 07/15/2016 Home state: Texas Name: M.R.S. Sex: Female Birth date: 08/11/2017 Home state: Texas Name: M.T.S. Sex: Male Birth date: 10/01/2018 Home state: Texas Conservatorship IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY are appointed Temporary Joint Managing Conservators of the following children: M.P.S., M.R.S. and M.T.S. IT IS ORDERED that, at all times, KELSEY MCKAY, as a parent temporary joint managing conservator, shall have the following rights: 1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children; 2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children; 3. the right of access to medical, dental, psychological, and educational records of the children; 4. the right to consult with a physician, dentist, or psychologist of the children; 5. the right to consult with school officials concerning the children's welfare and educational status, including school activities; 6. the right to attend school activities, including school lunches, performances, and field trips; ___________________________________________________________________________ 2 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children 7. the right to be designated on the children's records as a person to be notified in case of an emergency; 8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children; and 9. the right to manage the estates of the children to the extent the estates have been created by the parent's family or by the parent, other than by the community or joint property of the parent. IT IS ORDERED that, at all times, MATTHEW SOCKWELL, as a parent temporary joint managing conservator, shall have the following rights: 1. the right to receive information from any other conservator of the children concerning the health, education, and welfare of the children; 2. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the children; 3. the right of access to medical, dental, psychological, and educational records of the children; 4. the right to consult with a physician, dentist, or psychologist of the children; 5. the right to consult with school officials concerning the children's welfare and educational status, including school activities; 6. the right to attend school activities, including school lunches, performances, and field trips; 7. the right to be designated on the children's records as a person to be notified in case of an emergency; 8. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the children; and 9. the right to manage the estates of the children to the extent the estates have been created by the parent's family or by the parent, other than by the community or joint property of the parent. IT IS ORDERED that, at all times, MATTHEW SOCKWELL and KELSEY ___________________________________________________________________________ 3 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children MCKAY, as parent temporary joint managing conservators, shall each have the following duties: 1. the duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; 2. the duty to inform the other conservator of the children if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the fortieth day after the date the conservator of the children begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; 3. the duty to inform the other conservator of the children if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; 4. the duty to inform the other conservator of the children if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator of the children as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and 5. the duty to inform the other conservator of the children if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be provided to ___________________________________________________________________________ 4 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children the other conservator of the children as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE. IT IS ORDERED that, during her periods of possession, KELSEY MCKAY, as parent temporary joint managing conservator, shall have the following rights and duties: 1. the duty of care, control, protection, and reasonable discipline of the children; 2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure; 3. the right to consent for the children to medical and dental care not involving an invasive procedure; and 4. the right to direct the moral and religious training of the children. IT IS ORDERED that, during his periods of possession, MATTHEW SOCKWELL, as parent temporary joint managing conservator, shall have the following rights and duties: 1. the duty of care, control, protection, and reasonable discipline of the children; 2. the duty to support the children, including providing the children with clothing, food, shelter, and medical and dental care not involving an invasive procedure; 3. the right to consent for the children to medical and dental care not involving an invasive procedure; and 4. the right to direct the moral and religious training of the children. IT IS ORDERED that KELSEY MCKAY, as a parent temporary joint managing conservator, shall have the following rights and duty: 1. the exclusive right to designate the primary residence of the children within Smith County, Texas; ___________________________________________________________________________ 5 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children 2. the right, subject to the agreement of the other parent conservator, to consent to medical, dental, and surgical treatment involving invasive procedures; 3. the independent right to consent to psychiatric and psychological treatment of the children; 4. the independent right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children; 5. the independent right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; 6. the independent right to consent to marriage and to enlistment in the armed forces of the United States; 7. the independent right to make decisions concerning the children's education; 8. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the children; 9. except when a guardian of the children's estates or a guardian or attorney ad litem has been appointed for the children, the independent right to act as an agent of the children in relation to the children's estates if the children's action is required by a state, the United States, or a foreign government; 10. the right, subject to the agreement of the other conservator, to apply for passports for the children, to renew the children's passports, and to maintain possession of the children's passports; and 11. the independent duty to manage the estates of the children to the extent the estates have been created by the community or joint property of the parent. IT IS ORDERED that MATTHEW SOCKWELL, as a parent temporary joint managing conservator, shall have the following rights and duty: 1. the right, subject to the agreement of the other parent conservator, to consent to medical, dental, and surgical treatment involving invasive procedures; 2. the independent right to consent to psychiatric and psychological treatment of the children; ___________________________________________________________________________ 6 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children 3. the independent right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children; 4. the independent right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; 5. the independent right to consent to marriage and to enlistment in the armed forces of the United States; 6. the independent right to make decisions concerning the children's education; 7. except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the children; 8. except when a guardian of the children's estates or a guardian or attorney ad litem has been appointed for the children, the independent right to act as an agent of the children in relation to the children's estates if the children's action is required by a state, the United States, or a foreign government; 9. the right, subject to the agreement of the other conservator, to apply for passports for the children, to renew the children's passports, and to maintain possession of the children's passports; and 10. the independent duty to manage the estates of the children to the extent the estates have been created by the community or joint property of the parent. The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. IT IS ORDERED that the primary residence of the children shall be within Smith County, Texas, and the parties shall not remove the children from Smith County, Texas for the purpose of changing the primary residence of the children until this geographic restriction is modified by further order of ___________________________________________________________________________ 7 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children the court of continuing jurisdiction or by a written agreement that is signed by the parties and filed with that court. IT IS FURTHER ORDERED that KELSEY MCKAY shall have the exclusive right to designate the children's primary residence within Smith County, Texas. IT IS FURTHER ORDERED that this geographic restriction on the residence of the children shall be lifted if, at the time KELSEY MCKAY wishes to remove the children from Smith County, Texas for the purpose of changing the primary residence of the children, MATTHEW SOCKWELL does not reside in Smith County, Texas. Notwithstanding any provision in this order to the contrary, IT IS ORDERED that KELSEY MCKAY shall have the exclusive right to enroll the children in school. Each conservator, during that conservator's period of possession, is ORDERED to ensure the children's attendance in the schools in which KELSEY MCKAY has enrolled the children. If a party applies for a passport for the children, that party, is ORDERED to notify the other party of that fact no later than ten days after the application. IT IS ORDERED that if a parent's consent is required for the issuance of a passport, that parent shall provide that consent in writing no later than ten days after receipt of the consent documents, unless the parent has good cause for withholding that consent. IT IS ORDERED that KELSEY MCKAY shall have the exclusive right and duty to prepare and file income tax returns for the estates of M.P.S., M.R.S. and M.T.S.. IT IS ORDERED that MATTHEW SOCKWELL shall furnish such information to KELSEY MCKAY as is requested to prepare federal income tax returns for the children's ___________________________________________________________________________ 8 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children estates within thirty days of receipt of a written request for the information, and in no event shall the information be furnished later than November 1, 2021. As requested information becomes available after that date, it shall be provided within ten days of receipt. Possession and Access 1. Possession Order IT IS ORDERED that MATTHEW SOCKWELL will have supervised possession of and access to the children each week from Sundays at noon until Tuesdays until noon. 2. Place of Exchange IT IS ORDERED that the place of exchange shall be the McDonald’s located at 3511 S Main St, Lindale, TX 75771. 3. Duration The periods of possession ordered above apply to each child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. 4. Supervised Visitation The Court finds that credible evidence has been presented that there is a history or pattern of family violence committed by MATTHEW SOCKWELL. IT IS THEREFORE ORDERED that MATTHEW SOCKWELL's access shall be under the supervision of Edgar Sockwell on the following days and times: Sundays from noon through Tuesdays at noon of each week. ___________________________________________________________________________ 9 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children Child Support IT IS ORDERED that no party will owe child support to the other party. Medical and Dental Support 1. IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY shall each provide additional child support for each child as set out in this order for as long as the Court may order MATTHEW SOCKWELL and KELSEY MCKAY to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day MATTHEW SOCKWELL and KELSEY MCKAY's actual or potential obligation to support a child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY are discharged from these obligations with respect to that child, except for any failure by a parent to fully comply with these obligations before that date. IT IS FURTHER ORDERED that the cash medical support payments for costs of health and dental insurance ordered below are payable through the state disbursement unit or as directed below and subject to the provisions for withholding from earnings provided above for other child support payments. 2. Definitions - "Health Insurance" means insurance coverage that provides basic health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under chapter 32 of the Texas Human Resources Code. "Reasonable cost" means the total cost of health insurance coverage for all ___________________________________________________________________________ 10 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children children for which MATTHEW SOCKWELL is responsible under a medical support order that does not exceed 9 percent of MATTHEW SOCKWELL's annual resources, as described by section 154.062(b) of the Texas Family Code. "Dental insurance" means insurance coverage that provides preventive dental care and other dental services, including usual dentist services, office visits, examinations, X-rays, and emergency services, that may be provided through a single service health maintenance organization or other private or public organization. "Reasonable cost" of dental insurance means the total cost of dental insurance coverage for all children for which MATTHEW SOCKWELL is responsible under a medical support order that does not exceed 1.5 percent of MATTHEW SOCKWELL's annual resources, as described by section 154.062(b) of the Texas Family Code. "Health-care expenses" include, without limitation, medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges but do not include expenses for travel to and from the provider or for nonprescription medication. "Health-care expenses that are not reimbursed by insurance" ("unreimbursed expenses") include related copayments and deductibles. "Furnish" means - a. to deliver the document to the recipient by first-class mail or by certified mail, return receipt requested, to the recipient's last known mailing or residence address b. to deliver the document to the recipient at the recipient's electronic mail address as follows: ___________________________________________________________________________ 11 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children MATTHEW SOCKWELL: Msockwell2@gmail.com KELSEY MCKAY: kelseymckay@ymail.com and in the event of any change in either recipient's electronic mail address, that recipient is ORDERED to notify the other recipient of such change in writing within twenty-four hours after the change c. to deliver the document to the recipient at the recipient's mobile telephone by text message as follows: MATTHEW SOCKWELL: 903-944-9554 KELSEY MCKAY: 361-290-5477 and in the event of any change in either recipient's mobile telephone number, that recipient is ORDERED to notify the other recipient of such change in writing within twenty-four hours after the change 3. Findings on Availability of Health Insurance - Having considered the cost, accessibility, and quality of health insurance coverage available to the parties, the Court finds: No parent has access to private health insurance at a reasonable cost. IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the children. 4. Provision of Health-Care Coverage - KELSEY MCKAY is ORDERED to maintain coverage under a governmental medical assistance program or health plan for each child as long as child support is payable for that child, by paying all applicable fees required for the coverage, including ___________________________________________________________________________ 12 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children but not limited to enrollment fees and premiums. KELSEY MCKAY is ORDERED- a. to furnish to each conservator of the children the following information no later than the thirtieth day after the date the notice of the rendition of this order is received: i. KELSEY MCKAY's Social Security number; ii. proof that coverage under a governmental medical assistance program or health plan has been provided for the children; iii. the following documents, to the extent they are applicable for the coverage provided for the children: (a) the name of the health insurance carrier; (b) the number of the policy; (c) a copy of the policy; (d) a schedule of benefits; (e) a health insurance membership card or Children's Medicaid card; (f) claim forms, and (g) any other information necessary to submit a claim; b. to furnish to each conservator of the children a copy of any renewals or changes to the coverage provided for a child and any additional information regarding that coverage of the children not later than the fifteenth day after KELSEY MCKAY receives or is provided with the renewal, change, or additional information; c. to notify each conservator of the children of any termination or lapse of ___________________________________________________________________________ 13 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children coverage provided for a child no later than the fifteenth day after the date of the termination or lapse; d. after termination or lapse of coverage provided for the children, to notify each conservator of the children of the availability to KELSEY MCKAY of additional health insurance for the children or coverage under a governmental medical assistance program or health plan not later than the fifteenth day after the date the additional health insurance or coverage becomes available; and e. after termination or lapse of the coverage provided for the children, to enroll the children in a medical assistance program under chapter 32 of the Texas Human Resources Code or a state child health plan under chapter 62 of the Texas Health and Safety Code if the children are eligible for enrollment in the program. Pursuant to section 154.182(b)(3) of the Texas Family Code, MATTHEW SOCKWELL is ORDERED to pay KELSEY MCKAY cash medical support, as additional child support, of eighty-seven dollars ($87) per month, with the first installment being due and payable on October 1, 2021 and a like installment being due and payable on or before the first day of each month until the termination or modification of current child support for M.P.S., M.R.S. and M.T.S.. IT IS FURTHER ORDERED that the Income Withholding Order for Support authorized in this order shall include the payments for cash medical support ordered herein. IT IS FURTHER ORDERED that all payments of cash medical support shall be ___________________________________________________________________________ 14 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791. IT IS ORDERED that all payments shall be made payable to the Office of the Attorney General and include the ten-digit Office of the Attorney General case number (if available), the cause number of this suit, MATTHEW SOCKWELL's name as the name of the noncustodial parent (NCP), and KELSEY MCKAY's name as the name of the custodial parent (CP). Payment options are found on the Office of the Attorney General's website at https://www.texasattorneygeneral.gov/cs/payment-options-and-types. MATTHEW SOCKWELL is allowed to discontinue payment of cash medical support, for the time MATTHEW SOCKWELL is providing coverage, if- a. health insurance for the children becomes available to MATTHEW SOCKWELL at a reasonable cost; b. MATTHEW SOCKWELL enrolls the children in the insurance plan; and c. MATTHEW SOCKWELL provides KELSEY MCKAY the information required under section 154.185 of the Texas Family Code. 5. Findings on Availability of Dental Insurance – Having considered the cost, accessibility, and quality of dental insurance coverage available to the parties, the Court finds: No parent has access to dental insurance at a reasonable cost. 6. Allocation of Unreimbursed Expenses - Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and ___________________________________________________________________________ 15 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children necessary health-care expenses of the children that are not reimbursed by health insurance or dental insurance or are not otherwise covered by the amount of cash medical support ordered above are allocated as follows: KELSEY MCKAY is ORDERED to pay 50 percent and MATTHEW SOCKWELL is ORDERED to pay 50 percent of the unreimbursed health-care expenses that exceed the amount of cash medical support paid by MATTHEW SOCKWELL. The conservator who incurs a health-care expense on behalf of a child is ORDERED to furnish to the other conservator all forms, receipts, bills, statements, and explanations of benefits reflecting the uninsured portion of the health-care expenses within thirty days after the incurring conservator receives them. If the incurring conservator furnishes to the nonincurring conservator the forms, receipts, bills, statements, and explanations of benefits reflecting the unreimbursed portion of the health-care expenses within thirty days after the incurring conservator receives them, the nonincurring conservator is ORDERED to pay the non-incurring conservator's percentage of the unreimbursed portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the incurring conservator for any advance payment exceeding the incurring conservator's percentage of the unreimbursed portion of the health-care expenses within thirty days after the nonincurring conservator receives the forms, receipts, bills, statements, and/or explanations of benefits. If the incurring conservator fails to furnish to the nonincurring conservator the forms, receipts, bills, statements, and explanations of benefits reflecting the unreimbursed portion of the health-care expenses within thirty days after the incurring conservator receives them, the nonincurring conservator is ORDERED to pay the ___________________________________________________________________________ 16 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Children nonincurring conservator's percentage of the unreimbursed portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the incurring conservator's percentage of the unreimbursed portion of the health-care expenses within 120 days after the nonincurring conservator receives the forms, receipts, bills, statements, and/or explanations of benefits. 7. WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR DENTAL INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE OR DENTAL INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE OR DENTAL INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS, DENTAL INSURANCE PREMIUMS, OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILDREN. 8. Notice to Employer - On this date a Medical Support Notice was signed by the Court. For the purpose of section 1169 of title 29 of the United States Code, the conservator not carrying the health or dental insurance policy is designated the custodial parent and alternate recipient's representative. Other Child Related Provisions Parent Education and Family Stabilization Course IT IS ORDERED that MATTHEW SOCKWELL and KELSEY MCKAY shall each individually register to attend family therapy with with Aurora Valdovinos, L.M.F.T., at 1800 Shiloh Road, Suite 301, Tyler, Texas 75703 (903) 939-3400 on or before ___________________________________________________________________________ 17 Temporary Orders Cause No. 21-1938-D; IMMO Sockwell/McKay and IIO Childr