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Received and E-Filed for Record
11/2/2016 8:45:32 AM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
NO. 08-12-11940-CV_
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ETHAN GAGE TERRY § 418TH JUDICIAL DISTRICT
And IAN SCOTT TERRY, 8
CHILDREN § MONTGOMERY COUNTY, TEXAS
§
ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP
On the Court heard this case.
Appearances
Petitioner, JOSHUA SCOTT TERRY, and his attorney did not appear in person but they
have agreed to the terms of this order as evidenced by Petitioner and his Attomney’s signature
below.
Respondent, LAUREN LENELL FULLER, and her attomey have made a general
‘appearance and have agreed to the terms of this order, to the extent permitted by law, as
evidenced by Respondent and her Attorney’s signature below.
Consent by Person with Right to Designate Primary Residence
LAUREN LENELL FULLER, who has the exclusive right to designate the primary
residence of the children, has consented to the terms of this order as evidenced by LAUREN
LENELL FULLER's signature below.
Jurisdiction
The Court, after examining the.record and the evidence and argument of counsel, finds
that it has jurisdiction of this case and of all the parties and that no other court has continuing,
exclusive jurisdiction of this case. All persons entitled to citation were properly cited.
Jury
A jury was waived, and all questions of fact and of law were submitted to the Court.Record
The record of testimony was duly reported by the court reporter for the 418" Judicial
District Court.
Children
The Court finds that the following children are the subject of this suit:
Name: ETHAN GAGE TERRY
Sex: Male
Birth date: March 28, 2004
Home state: Texas
Social Security number: Withheld for privacy
Name: IAN SCOTT TERRY
Sex: Male
Birth date: — July 25, 2006
Home state: Texas
Social Security number: Withheld for privacy
Findings
The Court finds that the material allegations in the petition to modify are true and that the
requested modification is in the best interest of the children. IT IS ORDERED that the requested
modification is GRANTED.
Parenting Plan
The Court finds that the provisions in these orders relating to the rights and duties of the
parties with relation to the children, possession of and access to the children, child support, and
optimizing the development of a close and continuing relationship between each party and thechildren constitute the parties' agreed parenting plan.
Conservatorship
The Court finds that the following orders are in the best interest of the children.
LAUREN LENELL FULLER and JOSHUA SCOTT TERRY are appointed Joint
Managing Conservators of the following children: ETHAN GAGE TERRY and IAN SCOTT
TERRY.
IT IS ORDERED that, at all times, LAUREN LENELL FULLER, as a parent joint
managing conservator, shall have the following rights:
1 the right to receive information from any other conservator of the children
concerning the health, cducation, 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;
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 or the parent's family.
IT IS ORDERED that, at all times, JOSHUA SCOTT TERRY, as a parent joint
managing conservator, shall have the following rights:
1. the right to receive information from any other conservator of the childrenconcerning 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;
7. the right to be designated on the children’s records as a person to be notified in
case of an emergency;
8. the tight 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 or the parent's family.
IT IS ORDERED that, at all times, LAUREN LENELL FULLER and JOSHUA SCOTT
TERRY, as parent joint managing conservators, shall each have the following duties:
i. 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 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 this information shall be tendered in the form of a notice
made 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; and
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
4protective order sought by an individual other than the conservator that is in effect on the date
the residence with the person is established, or 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 60-day period following the date the final protective
order is issued, or the conservator is the subject of a final protective order issued after the date of
the order establishing conservatorship. IT IS ORDERED that this information shall be tendered
in the form of a notice made as soon as practicable, but not later than the thirtieth day after the
date the conservator of the children establishes residence with the person who is the subject of
the final protective order, or the ninetieth day after the date the final protective order was issued
if the conservator of the children resides with or allows unsupervised access to the person who is
the subject of a final protective order sought by the conservator, or the thirtieth day after the date
the final protective order issued against the conservator which is issued after the date of the order
establishing conservatorship, as appropriate. 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, LAUREN LENELL FULLER,
as parent 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, JOSHUA SCOTT TERRY, as
parent 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, shelier, 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 LAUREN LENELL FULLER, as a parent joint managingconservator, shall have the following rights and duty:
1. the exclusive right to designate the primary residence of the children within
Montgomery County, Texas or any other county agreed to by the parties in writing;
2. the exclusive 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;
3. the right, subject to the agreement of the other parent conservator, to consent to
medical, dental, and surgical treatment involving invasive procedures;
4. the right, subject to the agreement of the other parent conservator, to consent to
psychiatric and psychological treatment of the children;
5. the right, subject to the agreement of the other parent conservator, to represent the
children in legal action and to make other decisions of substantial legal significance concerning
the children;
6. the right, subject to the agreement of the other parent conservator, to consent to
marriage and to enlistment in the armed forces of the United States;
7. the right, subject to the agreement of the other parent conservator, to make
decisions concerning the children's education;
8. except as provided by section 264.0111 of the Texas Family Code, the right,
subject to the agreement of the other parent conservator, 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 right, subject to the agreement of the other parent
conservator, 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; and
10. the duty, subject to the agreement of the other parent conservator, to manage the
estates of the children to the extent the estates have been created by community property or the
joint property of the parent.
IT IS ORDERED that JOSHUA SCOTT TERRY, as a parent 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 right, subject to the agreement of the other parent conservator, to consent to
psychiatric and psychological treatment of the children;3. the right, subject to the agreement of the other parent conservator, to represent the
children in legal action and to make other decisions of substantial legal significance concerning
the children;
4. the right, subject to the agreement of the other parent conservator, to consent to
marriage and to enlistment in the armed forces of the United States;
5. the right, subject to the agreement of the other parent conservator, to make
decisions concerning the children's education;
6. except as provided by section 264.0111 of the Texas Family Code, the right,
subject to the agreement of the other parent conservator, to the services and earnings of the
children;
7. except when a guardian of the children's estates or a guardian or attorney ad litem.
has been appointed for the children, the right, subject to the agreement of the other parent
conservator, 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; and
8. the duty, subject to the agreement of the other parent conservator, to manage the
estates of the children to the extent the estates have been created by community property or the
joint property of the parents.
Possession and Access
1. Standard Possession Order
IT IS ORDERED that each conservator shali comply with all terms and
conditions of this Standard Possession Order. IT IS ORDERED that this Standard
Possession Order is effective immediately and applies to all periods of possession
occurring on and afier the date the Court signs this Standard Possession Order. IT IS,
THEREFORE, ORDERED:
(a) Definitions
Ll. In this Standard Possession Order "school" means the elementary
or secondary school in which the child is enrolled or, if the child is not enrolled in
an elementary or secondary school, the public school district in which the child
primarily resides.
2. In this Standard Possession Order "child" includes each child,
whether one or more, who is a subject of this suit while that child is under the age
of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for PossessionIf IS ORDERED that the conservators shall have possession of the child
at times mutually agreed to in advance by the parties, and, in the absence of
mutual agreement, it is ORDERED that the conservators shall have possession of
the child under the specified terms sct out in this Standard Possession Order.
(c) Parents Who Reside 100 Miles or Less Apart
Except as otherwise expressly provided in this Standard Possession Order,
when JOSHUA SCOTT TERRY resides 100 miles or less from the primary
residence of the child, JOSHUA SCOTT TERRY shali have the right to
possession of the child as follows:
1. Weekends —
On weekends that occur during the regular school term, beginning at 6:00
p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on
the following Sunday.
On weekends that do not occur during the regular school term, beginning
at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00
p.m. on the following Sunday.
2. Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Standard Possession Order,
if a weekend period of possession by JOSHUA SCOTT TERRY begins on a
student holiday or a 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 a
federal, state, or local holiday that falls on a Friday during the summer months
when school is not in session, that weekend period of possession shall begin at
6:00 p.m. on the immediately preceding Thursday.
Except as otherwise expressly provided in this Standard Possession Order,
if a weekend period of possession by JOSHUA SCOTT TERRY ends on or is
immediately followed by a student holiday or a teacher in-service day that falls on
a Monday during the regular school term, as determined by the school in which
the child is enrotled, or a federal, state, or local holiday that falls on a Monday
during the summer months when school is not in session, that weekend period of
possession shall end at 6:00 p.m. on that Monday.
3. Thursdays - On Thursday of each week during the regular school
term, beginning at 6:00 p.m. and ending at 8:00 p.m. JOSHUA SCOTT TERRY
will provide LAUREN LENELL FULLER with notice by 5:00 p.m. on Monday
of each week if he will exercise his Thursday 6:00 p.m. — 8:00 p.m. period of
possession that week.4. Spring Vacation in Even-Numbered Years - In even-numbered
years, beginning at 6:00 p.m. on the day the child is dismissed from school for the
school's spring vacation and ending at 6:00 p.m. on the day before school resumes
after that vacation.
5. Extended Summer Possession by JOSHUA SCOTT TERRY —
With Written Notice by April 1 - If JOSHUA SCOTT TERRY gives
LAUREN LENELL FULLER written notice by April 1 of a year specifying an
extended period or periods of summer possession for that year, JOSHUA SCOTT
TERRY shall have possession of the child for thirty days beginning no earlier
than the day after the child's school is dismissed for the summer vacation and
ending no later than seven days before school resumes at the end of the summer
vacation in that year, 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 6:00 p.m on each applicable day, as specified in the written notice.
These periods of possession shall begin and end at 6:00 p.m. on each applicable
day.
Without Written Notice by April 1 - If JOSHUA SCOTT TERRY does not
give LAUREN LENELL FULLER written notice by April 1 of a year specifying
an extended period or periods of summer possession for that year, JOSHUA
SCOTT TERRY shall have possession of the child for thirty consecutive days in
that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.
Notwithstanding the Thursday periods of possession during the regular
school term and the weekend periods of possession ORDERED for JOSHUA
SCOTT TERRY, it is expressly ORDERED that LAUREN LENELL FULLER
shall have a superior right of possession of the child as follows:
1. Spring Vacation in Odd-Numbered Years - In odd-numbered
years, beginning at 6:00 p.m. on the day the child is dismissed from school for the
school's spring vacation and ending at 6:00 p.m. on the day before school resumes
after that vacation.
2. Summer Weekend Possession by LAUREN LENELL FULLER -
If LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice
by April 15 of a year, LAUREN LENELL FULLER shall have possession of the
child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00
p.m. on the following Sunday during any one period of the extended summer
possession by JOSHUA SCOTT TERRY in that year, provided that LAUREN
LENELL FULLER picks up the child from JOSHUA SCOTT TERRY and
returns the child to that same place and that the weekend so designated docs not
interfere with Father's Day possession.3. Extended Summer Possession by LAUREN LENELL FULLER -
If LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice
by April 15 of a year or gives JOSHUA SCOTT TERRY fourteen days’ written
notice on or after April 16 of a year, LAUREN LENELL FULLER may designate
one weekend beginning no earlicr than the day after the child's school is
dismissed for the summer vacation and ending no later than seven days before
school resumes at the end of the summer vacation, during which an otherwise
scheduled weckend period of possession by JOSHUA SCOTT TERRY shall not
take place in that year, provided that the weekend so designated does not interfere
with JOSHUA SCOTT TERRY's period or periods of extended summer
possession or with Father's Day possession.
(d) Parents Who Reside More Than 100 Miles Apart
Except as otherwise expressly provided in this Standard Possession Order,
when JOSHUA SCOTT TERRY resides more than 100 miles from the residence
of the child, JOSHUA SCOTT TERRY shall have the right to possession of the
child as follows:
1. Weekends - Unless JOSHUA SCOTT TERRY elects the
alternative period of weekend possession described in the next paragraph,
JOSHUA SCOTT TERRY shall have the right to possession of the child on
weekends that occur during the regular school term, beginning at 6:00 p.m., on
the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the
following Sunday, and on weekends that do not occur during the regular school
term, beginning at 6:00 p.m. on the first, third and fifth Friday of cach month and
ending at 6:00 p.m. on the following Sunday.
Alternate Weekend Possession - In lieu of the weekend possession
described in the foregoing paragraph, JOSHUA SCOTT TERRY sball have the
right to possession of the child not more than one weekend per month of
JOSHUA SCOTT TERRY's choice beginning at 6:00 p.m. on the day school
recesses for the weekend and ending at 6:00 p.m. on the day before school
resumes after the weekend. JOSHUA SCOTT TERRY may elect an option for
this alternative period of weekend possession by giving written notice to
LAUREN LENELL FULLER within ninety days after the parties begin to reside
more than 100 miles apart. If JOSHUA SCOTT TERRY makes this election,
JOSHUA SCOTT TERRY shall give LAUREN LENELL FULLER fourteen
days' written or telephonic notice preceding a designated weekend. The
weekends chosen shall not conflict with the provisions regarding Christmas,
Thanksgiving, the child's birthday, and Mother's Day possession below.
2. Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Standard Possession Order,
if a weekend period of possession by JOSHUA SCOTT TERRY begins on a
10student holiday or a 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 a
federal, state, or local holiday during the summer months when school is not in
session, that weekend period of possession shall begin at 6:00 p.m. on the
immediately preceding Thursday
Except as otherwise expressly provided in this Standard Possession Order,
if a weekend period of possession by JOSHUA SCOTT TERRY ends on or is
immediately followed by a student holiday or a teacher in-service day thai falls on
a Monday during the regular school term, as determined by the school in which
the child is enrolled, or a federal, state, or local holiday that falls on a Monday
during the summer months when school is not in session, that weekend period of
possession shall end at 6:00 p.m. on that Monday.
3. Spring Vacation in All Years - Every year, beginning at 6:00 p.m.
on the day the child is dismissed from school for the school's spring vacation and
ending at 6:00 p.m. on the day before school resumes after that vacation.
4. Extended Summer Possession by JOSHUA SCOTT TERRY —
With Written Notice by April 1 - If JOSHUA SCOTT TERRY gives
LAUREN LENELL FULLER written notice by April 1 of a year specifying an
extended period or periods of summer possession for that year, JOSHUA SCOTT
TERRY shall have possession of the child for forty-two days beginning no earlier
than the day after the child's school is dismissed for the summer vacation and
ending no later than seven days before school resumes at the end of the summer
vacation in that year, 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 6:00 p.m. on each applicable day, as specified in the written notice.
These periods of possession shall begin and end at 6:00 p.m. on each applicable
day.
Without Written Notice by April 1 - If JOSHUA SCOTT TERRY does not
give LAUREN LENELL FULLER written notice by April 1 of a year specifying
an extended period or periods of summer possession for that year, JOSHUA
SCOTT TERRY shall have possession of the child for forty-two consecutive days
beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.
Notwithstanding the weekend periods of possession ORDERED for
JOSHUA SCOTT TERRY, it is expressly ORDERED that LAUREN LENELL
FULLER shall have a superior right of possession of the child as follows:
1. Summer Weekend Possession by LAUREN LENELL FULLER -
If LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice
by April 15 of a year, LAUREN LENELL FULLER shall have possession of the
child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00
11p.m. on the following Sunday during any one period of possession by JOSHUA
SCOTT TERRY during JOSHUA SCOTT TERRY's extended swnmer
possession in that year, provided that if a period of possession by JOSHUA
SCOTT TERRY in that year exceeds thirty days, LAUREN LENELL FULLER
may have possession of the child under the terms of this provision on any two
nonconsecutive weekends during that period and provided that LAUREN
LENELL FULLER picks up the child from JOSHUA SCOTT TERRY and
returns the child to that same place and that the weekend so designated does not
interfere with Father's Day possession.
2. Extended Summer Possession by LAUREN LENELL FULLER -
Jf LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice
by April 15 of a year, LAUREN LENELL FULLER may designate twenty-one
days beginning no earlier than the day after the child's school is dismissed for the
summer vacation and ending no later than seven days before school resumes at
the end of the summer vacation in that year, to be exercised in no more than two
separate periods of at least seven consecutive days each, during which JOSHUA
SCOTT TERRY shall not have possession of the child, provided that the period or
periods so designated do not interfere with JOSHUA SCOTT TERRY's period or
periods of extended summer possession or with Father's Day possession. These
periods of possession shall begin and end at 6:00 p.m. on each applicable day.
(e) Holidays Unaffected by Distance
Notwithstanding the weekend and Thursday periods of possession of
JOSHUA SCOTT TERRY, LAUREN LENELL FULLER and JOSHUA SCOTT
TERRY shall have the right to possession of the child as follows:
1. Christmas Holidays in Even-Numbered Years - In even-numbered
years, JOSHUA SCOTT TERRY shall have the right to possession of the child
beginning at 6:00 p.m. on the day the child is dismissed from school for the
Christmas school vacation and ending at noon on December 28, and LAUREN
LENELL FULLER shall have the right to possession of the child beginning at
noon on December 28 and ending at 6:00 p.m. on the day before school resumes
after that Christmas school vacation.
2. Christmas Holidays in Odd-Numbered Years - In odd-numbered
years, LAUREN LENELL FULLER shall have the right to possession of the child
beginning at 6:00 p.m. on the day the child is dismissed from school for the
Christmas school vacation and ending at noon on December 28, and JOSHUA
SCOTT TERRY shall have the right to possession of the child beginning at noon
on December 28 and ending at 6:00 p.m. on the day before school resumes after
that Christmas school vacation.
3. Thanksgiving in Odd-Numbered Years - In odd-numbered years,
JOSHUA SCOTT TERRY shall have the right to possession of the child
12beginning at 6:00 p.m. on the day the child is dismissed from school for the
Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following
Thanksgiving.
4. Thanksgiving in Even-Numbered Years - In even-numbered years,
LAUREN LENELL FULLER shall have the right to possession of the child
beginning at 6:00 p.m. on the day the child is dismissed from school for the
Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following
Thanksgiving.
3. Child's Birthday - If a parent is not otherwise entitled under this
Standard Possession Order to present possession of a child on the child's birthday,
that parent shall have possession of the child and the child's minor siblings
beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that
parent picks up the children from the other parent's residence and returns the
children to that same place.
6. Father's Day - JOSHUA SCOTT TERRY shall have the right to
possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
Father's Day and ending at 6:00 p.m. on Father's Day, provided that if JOSHUA
SCOTT TERRY is not otherwise entitled under this Standard Possession Order to
present possession of the child, he shall pick up the child from LAUREN
LENELL FULLER's residence and return the child to that same place.
7 Mother's Day - LAUREN LENELL FULLER shall have the right
to possession of the child each year, beginning at 6:00 p.m. on the Friday
preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if
LAUREN LENEBLL FULLER is not otherwise entitled under this Standard.
Possession Order to present possession of the child, she shall pick up the child
from JOSHUA SCOTT TERRY’s residence and return the child to that same
place.
(f) Undesignated Periods of Possession
LAUREN LENELL FULLER shall have the right of possession of the
child at all other times not specifically designated in this Standard Possession
Order for JOSHUA SCOTT TERRY.
(g) | General Terms and Conditions
Except as otherwise expressly provided in this Standard Possession Order,
the terms and conditions of possession of the child that apply regardless of the
distance between the residence of a parent and the child are as follows:
1 Surrender of Child by LAUREN LENELL FULLER - LAUREN
LENELL FULLER is ORDERED io surrender the child to JOSHUA SCOTT
13TERRY at the beginning of each period of JOSHUA SCOTT TERRY's
possession at the residence of LAUREN LENELL FULLER.
2. Surrender of Child by JOSHUA SCOTT TERRY - JOSHUA
SCOTT TERRY is ORDERED to surrender the child to LAUREN LENELL
FULLER at the residence of JOSHUA SCOTT TERRY at the end of each period
of possession.
3. Surrender of Child by JOSHUA SCOTT TERRY - JOSHUA
SCOTT TERRY is ORDERED to surrender the child to LAUREN LENELL
FULLER, if the child is in JOSHUA SCOTT TERRY's possession or subject to
JOSHUA SCOTT TERRY's control, at the beginning of each period of LAUREN
LENELL FULLER's exclusive periods of possession, at the place designated in
this Standard Possession Order.
4. Return of Child by LAUREN LENELL FULLER - LAUREN
LENELL FULLER is ORDERED to return the child to JOSHUA SCOTT
TERRY, if JOSHUA SCOTT TERRY is entitled to possession of the child, at the
end of each of LAUREN LENELL FULLER's exclusive periods of possession, at
the place designated in this Standard Possession Order.
5. Personal Effects - Each conservator is ORDERED to return with
the child the personal effects that the child brought a at the beginning of the period
of possession.
6. Designation of Competent Adult - Each conservator may designate
any competent adult to pick up and return the child, as applicable. IT IS
ORDERED that a conservator or a designated competent adult be present when
the child is picked up or returned.
7. Inability to Exercise Possession - Each conservator is ORDERED
to give notice to the person in possession of the child on each occasion that the
conservator will be unable to exercise that conservator's right of possession for
any specified period.
8. Written Notice - Written notice, including notice provided by
electronic mail or facsimile, shall be deemed to have been timely made if received
or, if applicable, postmarked before or at the time that notice is due. Each
conservator is ORDERED to notify the other conservator of any change in the
conservator's electronic mail address or facsimile number within twenty-four
hours after the change.
This concludes the Standard Possession Order.
142. 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.
3. Noninterference with Possession
Except as expressly provided herein, IT IS ORDERED that neither conservator
shall take possession of the children during the other conservator's period of possession
unless there is a prior written agreement signed by both conservators or in case of an
emergency.
4, Termination of Orders
The provisions of this order relating to conservatorship, possession, or access
terminate on the remarriage of LAUREN LENELL FULLER to JOSHUA SCOTT
TERRY unless a nonparent or agency has been appointed conservator of the children
under chapter 153 of the Texas Family Code.
Child Support
IT IS ORDERED that JOSHUA SCOTT TERRY is obligated to pay and shall pay to
LAUREN LENELL FULLER child support in the amount of nine hundred eighty dollars
($980.00) per month, with the first payment being due and payable on October 1, 2016 and a like
payment being due and payable on the first day of each month thereafter until the first month
following the date of the earliest occurrence of one of the events specified below:
1. any 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. any child marries;
153. any child dies;
4, the child enlists in the armed forces of the United States and begins active service
as defined by section 101 of title 10 of the United States Cade; or
5. any child's disabilities are otherwise removed for general purposes.
Thereafter, JOSHUA SCOTT TERRY is ORDERED to pay to LAUREN LENELL
FULLER child support in the amount of seven hundred eighty four dollars ($784.00) per month,
due and payable on the first day of the first month immediately following the date of the carliest
occurrence of one of the events specified above for the other child and a like sum of seven
hundred eighty four dollars ($784.00) due and payable on the first day of each month thereafter
until the next occurrence of one of the events specified above for the other child.
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that JOSHUA SCOTT TERRY's obligation to pay child support to LAUREN
LENELL FULLER shall not terminate but shall continue for as long as the child is enrolled-
L. 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
2. on a full-time basis in a private secondary school in a program leading toward a
high school diploma and is complying with the minimum attendance requirements imposed by
that school.
Child Support Arrearage
The Court finds that JOSHUA SCOTT TERRY owes past child support in the amount of
$154.00 and is ORDERED to pay such arrearage within 90 days from the date this order is
16signed.
IT IS ORDERED that any employer of JOSHUA SCOTT TERRY shall be ordered to
withhold from earnings for child support from the disposable earnings of JOSHUA SCOTT
TERRY for the support of ETHAN GAGE TERRY and IAN SCOTT TERRY.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
JOSHUA SCOTT TERRY by the employer and paid in accordance with the order to that
employer shall constitute a credit against the child support obligation, Payment of the full
amount of child support ordered paid by this order through the means of withholding from
earnings shall discharge the child support obligation. If the amount withheld from earnings and
credited against the child support obligation is less than 100 percent of the amount ordered to be
paid by this order, the balance due remains an obligation of JOSHUA SCOTT TERRY, and it is
hereby ORDERED that JOSHUA SCOTT TERRY pay the balance due directly to the state
disbursement unit specified below.
On this date the Court signed an Income Withholding for Support.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement unit at
Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and
thereafter promptly remitted to LAUREN LENELL FULLER for the support of the children. IT
IS ORDERED that each party shall pay, when due, all fees charged to that party by the state
disbursement unit and any other agency statutorily authorized to charge a fee.
Change of Employment
IT IS FURTHER ORDERED that JOSHUA SCOTT TERRY shall notify this Court and
17LAUREN LENELL FULLER by U.S. certified mail, return receipt requested, of any change of
address and of any termination of employment. This notice shall be given no later than seven
days after the change of address or the termination of employment. This notice or a subsequent
notice shall also provide the current address of JOSHUA SCOTT TERRY and the name and
address of his current employer, whenever that information becomes available.
Clerk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title [V-D agency, the
friend of the Court, a domestic relations office, LAUREN LENELL FULLER, JOSHUA SCOTT
TERRY, or an attorney representing LAUREN LENELL FULLER or JOSHUA SCOTT
TERRY, the clerk of this Court shall cause a certified copy of the Income Withholding for
Support to be delivered to any employer.
Health Care
1 if IS ORDERED that LAUREN LENELL FULLER and JOSHUA SCOTT
TERRY shall each provide medical support for each child as set out in this order as additional
child support for as long as the Court may order LAUREN LENELL FULLER and JOSHUA
SCOTT TERRY to provide support for the child under sections 154.001 and 154.002 of the
Texas Family Code, Beginning on the day LAUREN LENELL FULLER and JOSHUA SCOTT
TERRY '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 LAUREN LENELL FULLER and JOSHUA
SCOTT TERRY are discharged from the obligations set forth in this medical support order with
respect to that child, except for any failure by a parent to fully comply with those obligations
before that date.
182. 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 children for
which JOSHUA SCOTT TERRY is responsible as medical support that does not exceed 9
percent of JOSHUA SCOTT TERRY 's annual resources, as described by section 154.062(b) of
the Texas Family Code.
"Reasonable and necessary health-care expenses not paid by insurance and incutred by or
on behalf of a child" include, without limitation, any copayments for office visits or prescription
drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care
services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and
necessary health-care expenses do not include expenses for travel to and from the health-care
provider or for nonprescription medication.
"Furnish" means -
a. to hand deliver the document by a person eighteen years of age or older
either to the recipient or to a person who is eighteen years of age or older
and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, return receipt
requested, to the recipient's last known mailing or residence address; or
c to deliver the document to the recipient at the recipient's last known
19mailing or residence address using any person or entity whose principal
business is that of a courier or deliverer of papers or documents either
within or outside the United States.
3. Findings on Health Insurance Availability- Having considered the cost,
accessibility, and quality of health insurance coverage available to the parties, the Court finds:
Health insurance is available or is in effect for the children through JOSHUA SCOTT
TERRY's employment or membership in a union, trade association, or other organization 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 -
As additional child support, JOSHUA SCOTT TERRY is ORDERED to obtain, on or
before September 22, 2016, health insurance for each child who is the subject of this suit that
covers basic health-care services, including usual physician services, office visits,
hospitalization, laboratory, X-ray, and emergency services and will pay for all premiums with a
deductible no more than $500.00 and dental and vision converage. If for any reason JOSHUA
SCOTT TERRY is unable to enroll the children based on the Final Decree of Divorce, then
JOSHUA SCOTT TERRY will enroll the children in a plan within 15 days of the rendition of
this final order. ,
JOSHUA SCOTT TERRY is ORDERED to maintain such health insurance in full force
and effect on each child who is the subject of this suit as long as child support is payable for that
child. JOSHUA SCOTT TERRY is ORDERED to convert any group insurance to individual
coverage or obtain other health insurance for each child within fifteen days of termination of his
20employment or other disqualification from the group insurance. JOSHUA SCOTT TERRY is
ORDERED to exercise any conversion options or acquisition of new health insurance in such a
manner that the resulting insurance equals or exceeds that in effect immediately before the
change.
JOSHUA SCOTT TERRY is ORDERED to furnish LAUREN LENELL FULLER and
the Office of the Attorney General Child Support Division a true and correct copy of the health
insurance policy or certification and a schedule of benefits within 15 days of the signing of this
order. JOSHUA SCOTT TERRY is ORDERED to furnish LAUREN LENELL FULLER the
insurance cards and any other forms necessary for use of the insurance within 15 days of the
signing of this order. JOSHUA SCOTT TERRY is ORDERED to provide, within three days of
receipt by him, to LAUREN LENELL FULLER any insurance checks, other payments, or
explanations of benefits relating to any medical expenses for the children that LAUREN
LENELL FULLER paid or incurred.
Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if
JOSHUA SCOTT TERRY is eligible for dependent health coverage but fails to apply to obtain
coverage for the children, the insurer shall enroll the children on application of LAUREN
LENELL FULLER or others as authorized by law.
Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary
health-care expenses of the children that are not reimbursed by health insurance are allocated as
follows: LAUREN LENELL FULLER is ORDERED to pay 50 percent and JOSHUA SCOTT
TERRY is ORDERED to pay 50 percent of the unreimbursed health-care expenses if, at the time
the expenses are incurred, JOSHUA SCOTT TERRY is providing health insurance as ordered.
The party who incurs a health-care expense on behalf of a child is ORDERED to furnish
21to the other party all forms, receipts, bills, statements, and explanations of benefits reflecting the
uninsured portion of the health-care expenses within thirty days after he or she receives them.
The nonincurring party is ORDERED to pay his or her percentage of the uninsured portion of the
health-care expenses either by paying the health-care provider directly or by reimbursing the
incurring party for any advance payment exceeding the incurring party's percentage of the
uninsured portion of the health-care expenses within thirty days after the nonincurring party
receives the forms, receipts, bills, statements, and explanations of benefits.
These provisions apply to all unreimbursed health-care expenses of any child who is the
subject of this suit that are incurred while child support is payable for that child.
5. Secondary Coverage - IT IS ORDERED that if a party provides secondary health
insurance coverage for the children, both parties shall cooperate fully with regard to the handling
and filing of claims with the insurance carrier providing the coverage in order to maximize the
benefits available to the children and to ensure that the party who pays for health-care expenses
for the children is reimbursed for the payment from both carriers to the fullest extent possible.
6. Compliance with Insurance Company Requirements - Each party is ORDERED to
conform to all requirements imposed by the terms and conditions of the policy of health
insurance covering the children in order to assure the maximum reimbursement or direct
payment by the insurance company of the incurred health-care expense, including but not limited
to requirements for advance notice to any carrier, second opinions, and the like. Each party is
ORDERED to use "preferred providers," or services within the health maintenance organization,
if applicable. Disallowance of the bill by a health insurer shall not excuse the obligation of either
party to make payment. Excepting emergency health-care expenses incurred on behalf of the
children, if a party incurs health-care expenses for the children using "out-of-network" health-
22care providers or services, or fails to follow the health insurance company procedures or
requirements, that party shall pay all such health-care expenses incurred absent (1) written
agreement of the parties allocating such health-care expenses or (2) further order of the Court.
7. Claims - Except as provided in this paragraph, the party who is not carrying the
health insurance policy covering the children is ORDERED to furnish to the party carrying the
policy, within fifteen days of receiving them, any and all forms, receipts, bills, and statements
reflecting the health-care expenses the party not carrying the policy incurs on behalf of the
children. In accordance with section 1204.251 and 1504.055(a) of the Texas Insurance Code, IT
IS ORDERED that the party who is not carrying the health insurance policy covering the
children, at that party's option, may file any claims for health-care expenses directly with the
insurance carrier with and from whom coverage is provided for the benefit of the children and
receive payments directly from the insurance company. Further, for the sole purpose of section
1204.251 of the Texas Insurance Code, LAUREN LENELL FULLER is designated the
managing conservator or possessory conservator of the children.
The party who is carrying the health insurance policy covering the children is ORDERED
to submit all forms required by the insurance company for payment or reimbursement of health-
care expenses incurred by either party on behalf of a child to the insurance carrier within fifteen
days of that party's receiving any form, receipt, bill, or statement reflecting the expenses.
8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance
payments received by a party from the health insurance carrier as reimbursement for health-care
expenses incurred by or on behalf of a child shall belong to the party who paid those expenses.
IT IS FURTHER ORDERED that the party receiving the insurance payments is designated a
constructive trustee to receive any insurance checks or payments for health-care expenses paid
23by the other party, and the party carrying the policy shall endorse and forward the checks or
payments, along with any explanation of benefits received, to the other party within three days of
receiving them.
9, WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE
OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF
HEALTH 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 HAD BEEN PROVIDED, AND FOR
THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID
ON BEHALF OF THE CHILDREN.
Support as Obligation of Estate
IT IS ORDERED that the provisions for child support in this order shall be an obligation
of the estate of JOSHUA SCOTT TERRY and shall not terminate on the death of JOSHUA
SCOTT TERRY. Payments received for the benefit of the children, including payments from the
Social Security Administration, Department of Veterans Affairs or other governmental agency or
life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits,
shall be a credit against this obligation. Any remaining balance of the child support is an
obligation of JOSHUA SCOTT TERRY's estate.
Termination of Orders on Remarriage of Parties but Not on Death of Obligee
The provisions of this order relating to current child support terminate on the remarriage
of LAUREN LENELL FULLER to JOSHUA SCOTT TERRY unless a nonparent or agency has
been appointed conservator of the children under chapter 153 of the Texas Family Code. An
obligation to pay child support under this order does not terminate on the death of LAUREN
24LENELL FULLER but continues as an obligation to ETHAN GAGE TERRY and IAN SCOTT
TERRY.
Required Information
The information required for each party by section 105.006(a) of the Texas Family Code
is as follows:
Name: LAUREN LENELL FULLER
Name:
Social Security number:
Driver's license number:
Current residence address:
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
JOSHUA SCOTT TERRY
Social Security number:
Driver's license number:
Current residence address:
Home telephone number:
Name of employer:
Address of employment:
Work telephone number:
Required Notices
XXX-XK-X235
XXXXXK549 Issuing state: Texas
10333 Research Forest Dr. #1214, Magnolia, Texas 77354
832-791-8276
SBM
16554 Air Center Blvd, Houston, Texas 77032
281-233-0202 ext 10
XXX-XX-801
XXXXX690 Issuing state: Texas
1006 North Hunting Tower Run, Montgomery, Texas
77316
713-899-7745
MBI Partnership, LTD
7676 Woodway, Suite 104, Houston, Texas 77063
713-952-6767
25EACH PERSON WHO
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Received and E-Filed for Record 11/2/2016 8:45:32 AM Barbara Gladden Adamick District Clerk Montgomery County, Texas NO. 08-12-11940-CV_ IN THE INTEREST OF § IN THE DISTRICT COURT § ETHAN GAGE TERRY § 418TH JUDICIAL DISTRICT And IAN SCOTT TERRY, 8 CHILDREN § MONTGOMERY COUNTY, TEXAS § ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP On the Court heard this case. Appearances Petitioner, JOSHUA SCOTT TERRY, and his attorney did not appear in person but they have agreed to the terms of this order as evidenced by Petitioner and his Attomney’s signature below. Respondent, LAUREN LENELL FULLER, and her attomey have made a general ‘appearance and have agreed to the terms of this order, to the extent permitted by law, as evidenced by Respondent and her Attorney’s signature below. Consent by Person with Right to Designate Primary Residence LAUREN LENELL FULLER, who has the exclusive right to designate the primary residence of the children, has consented to the terms of this order as evidenced by LAUREN LENELL FULLER's signature below. Jurisdiction The Court, after examining the.record and the evidence and argument of counsel, finds that it has jurisdiction of this case and of all the parties and that no other court has continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly cited. Jury A jury was waived, and all questions of fact and of law were submitted to the Court.Record The record of testimony was duly reported by the court reporter for the 418" Judicial District Court. Children The Court finds that the following children are the subject of this suit: Name: ETHAN GAGE TERRY Sex: Male Birth date: March 28, 2004 Home state: Texas Social Security number: Withheld for privacy Name: IAN SCOTT TERRY Sex: Male Birth date: — July 25, 2006 Home state: Texas Social Security number: Withheld for privacy Findings The Court finds that the material allegations in the petition to modify are true and that the requested modification is in the best interest of the children. IT IS ORDERED that the requested modification is GRANTED. Parenting Plan The Court finds that the provisions in these orders relating to the rights and duties of the parties with relation to the children, possession of and access to the children, child support, and optimizing the development of a close and continuing relationship between each party and thechildren constitute the parties' agreed parenting plan. Conservatorship The Court finds that the following orders are in the best interest of the children. LAUREN LENELL FULLER and JOSHUA SCOTT TERRY are appointed Joint Managing Conservators of the following children: ETHAN GAGE TERRY and IAN SCOTT TERRY. IT IS ORDERED that, at all times, LAUREN LENELL FULLER, as a parent joint managing conservator, shall have the following rights: 1 the right to receive information from any other conservator of the children concerning the health, cducation, 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; 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 or the parent's family. IT IS ORDERED that, at all times, JOSHUA SCOTT TERRY, as a parent joint managing conservator, shall have the following rights: 1. the right to receive information from any other conservator of the childrenconcerning 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; 7. the right to be designated on the children’s records as a person to be notified in case of an emergency; 8. the tight 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 or the parent's family. IT IS ORDERED that, at all times, LAUREN LENELL FULLER and JOSHUA SCOTT TERRY, as parent joint managing conservators, shall each have the following duties: i. 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 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 this information shall be tendered in the form of a notice made 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; and 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 4protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established, or 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 60-day period following the date the final protective order is issued, or the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the thirtieth day after the date the conservator of the children establishes residence with the person who is the subject of the final protective order, or the ninetieth day after the date the final protective order was issued if the conservator of the children resides with or allows unsupervised access to the person who is the subject of a final protective order sought by the conservator, or the thirtieth day after the date the final protective order issued against the conservator which is issued after the date of the order establishing conservatorship, as appropriate. 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, LAUREN LENELL FULLER, as parent 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, JOSHUA SCOTT TERRY, as parent 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, shelier, 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 LAUREN LENELL FULLER, as a parent joint managingconservator, shall have the following rights and duty: 1. the exclusive right to designate the primary residence of the children within Montgomery County, Texas or any other county agreed to by the parties in writing; 2. the exclusive 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; 3. the right, subject to the agreement of the other parent conservator, to consent to medical, dental, and surgical treatment involving invasive procedures; 4. the right, subject to the agreement of the other parent conservator, to consent to psychiatric and psychological treatment of the children; 5. the right, subject to the agreement of the other parent conservator, to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; 6. the right, subject to the agreement of the other parent conservator, to consent to marriage and to enlistment in the armed forces of the United States; 7. the right, subject to the agreement of the other parent conservator, to make decisions concerning the children's education; 8. except as provided by section 264.0111 of the Texas Family Code, the right, subject to the agreement of the other parent conservator, 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 right, subject to the agreement of the other parent conservator, 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; and 10. the duty, subject to the agreement of the other parent conservator, to manage the estates of the children to the extent the estates have been created by community property or the joint property of the parent. IT IS ORDERED that JOSHUA SCOTT TERRY, as a parent 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 right, subject to the agreement of the other parent conservator, to consent to psychiatric and psychological treatment of the children;3. the right, subject to the agreement of the other parent conservator, to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; 4. the right, subject to the agreement of the other parent conservator, to consent to marriage and to enlistment in the armed forces of the United States; 5. the right, subject to the agreement of the other parent conservator, to make decisions concerning the children's education; 6. except as provided by section 264.0111 of the Texas Family Code, the right, subject to the agreement of the other parent conservator, to the services and earnings of the children; 7. except when a guardian of the children's estates or a guardian or attorney ad litem. has been appointed for the children, the right, subject to the agreement of the other parent conservator, 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; and 8. the duty, subject to the agreement of the other parent conservator, to manage the estates of the children to the extent the estates have been created by community property or the joint property of the parents. Possession and Access 1. Standard Possession Order IT IS ORDERED that each conservator shali comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and afier the date the Court signs this Standard Possession Order. IT IS, THEREFORE, ORDERED: (a) Definitions Ll. In this Standard Possession Order "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. 2. In this Standard Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. (b) Mutual Agreement or Specified Terms for PossessionIf IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms sct out in this Standard Possession Order. (c) Parents Who Reside 100 Miles or Less Apart Except as otherwise expressly provided in this Standard Possession Order, when JOSHUA SCOTT TERRY resides 100 miles or less from the primary residence of the child, JOSHUA SCOTT TERRY shali have the right to possession of the child as follows: 1. Weekends — On weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. 2. Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by JOSHUA SCOTT TERRY begins on a student holiday or a 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 a federal, state, or local holiday that falls on a Friday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday. Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by JOSHUA SCOTT TERRY ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrotled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday. 3. Thursdays - On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m. JOSHUA SCOTT TERRY will provide LAUREN LENELL FULLER with notice by 5:00 p.m. on Monday of each week if he will exercise his Thursday 6:00 p.m. — 8:00 p.m. period of possession that week.4. Spring Vacation in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 5. Extended Summer Possession by JOSHUA SCOTT TERRY — With Written Notice by April 1 - If JOSHUA SCOTT TERRY gives LAUREN LENELL FULLER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, JOSHUA SCOTT TERRY shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, 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 6:00 p.m on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. Without Written Notice by April 1 - If JOSHUA SCOTT TERRY does not give LAUREN LENELL FULLER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, JOSHUA SCOTT TERRY shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31. Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for JOSHUA SCOTT TERRY, it is expressly ORDERED that LAUREN LENELL FULLER shall have a superior right of possession of the child as follows: 1. Spring Vacation in Odd-Numbered Years - In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 2. Summer Weekend Possession by LAUREN LENELL FULLER - If LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice by April 15 of a year, LAUREN LENELL FULLER shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by JOSHUA SCOTT TERRY in that year, provided that LAUREN LENELL FULLER picks up the child from JOSHUA SCOTT TERRY and returns the child to that same place and that the weekend so designated docs not interfere with Father's Day possession.3. Extended Summer Possession by LAUREN LENELL FULLER - If LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice by April 15 of a year or gives JOSHUA SCOTT TERRY fourteen days’ written notice on or after April 16 of a year, LAUREN LENELL FULLER may designate one weekend beginning no earlicr than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weckend period of possession by JOSHUA SCOTT TERRY shall not take place in that year, provided that the weekend so designated does not interfere with JOSHUA SCOTT TERRY's period or periods of extended summer possession or with Father's Day possession. (d) Parents Who Reside More Than 100 Miles Apart Except as otherwise expressly provided in this Standard Possession Order, when JOSHUA SCOTT TERRY resides more than 100 miles from the residence of the child, JOSHUA SCOTT TERRY shall have the right to possession of the child as follows: 1. Weekends - Unless JOSHUA SCOTT TERRY elects the alternative period of weekend possession described in the next paragraph, JOSHUA SCOTT TERRY shall have the right to possession of the child on weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of cach month and ending at 6:00 p.m. on the following Sunday. Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, JOSHUA SCOTT TERRY sball have the right to possession of the child not more than one weekend per month of JOSHUA SCOTT TERRY's choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend. JOSHUA SCOTT TERRY may elect an option for this alternative period of weekend possession by giving written notice to LAUREN LENELL FULLER within ninety days after the parties begin to reside more than 100 miles apart. If JOSHUA SCOTT TERRY makes this election, JOSHUA SCOTT TERRY shall give LAUREN LENELL FULLER fourteen days' written or telephonic notice preceding a designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, and Mother's Day possession below. 2. Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by JOSHUA SCOTT TERRY begins on a 10student holiday or a 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 a federal, state, or local holiday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the immediately preceding Thursday Except as otherwise expressly provided in this Standard Possession Order, if a weekend period of possession by JOSHUA SCOTT TERRY ends on or is immediately followed by a student holiday or a teacher in-service day thai falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday that falls on a Monday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday. 3. Spring Vacation in All Years - Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 4. Extended Summer Possession by JOSHUA SCOTT TERRY — With Written Notice by April 1 - If JOSHUA SCOTT TERRY gives LAUREN LENELL FULLER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, JOSHUA SCOTT TERRY shall have possession of the child for forty-two days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, 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 6:00 p.m. on each applicable day, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. Without Written Notice by April 1 - If JOSHUA SCOTT TERRY does not give LAUREN LENELL FULLER written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, JOSHUA SCOTT TERRY shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year. Notwithstanding the weekend periods of possession ORDERED for JOSHUA SCOTT TERRY, it is expressly ORDERED that LAUREN LENELL FULLER shall have a superior right of possession of the child as follows: 1. Summer Weekend Possession by LAUREN LENELL FULLER - If LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice by April 15 of a year, LAUREN LENELL FULLER shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 11p.m. on the following Sunday during any one period of possession by JOSHUA SCOTT TERRY during JOSHUA SCOTT TERRY's extended swnmer possession in that year, provided that if a period of possession by JOSHUA SCOTT TERRY in that year exceeds thirty days, LAUREN LENELL FULLER may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that LAUREN LENELL FULLER picks up the child from JOSHUA SCOTT TERRY and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession. 2. Extended Summer Possession by LAUREN LENELL FULLER - Jf LAUREN LENELL FULLER gives JOSHUA SCOTT TERRY written notice by April 15 of a year, LAUREN LENELL FULLER may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which JOSHUA SCOTT TERRY shall not have possession of the child, provided that the period or periods so designated do not interfere with JOSHUA SCOTT TERRY's period or periods of extended summer possession or with Father's Day possession. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. (e) Holidays Unaffected by Distance Notwithstanding the weekend and Thursday periods of possession of JOSHUA SCOTT TERRY, LAUREN LENELL FULLER and JOSHUA SCOTT TERRY shall have the right to possession of the child as follows: 1. Christmas Holidays in Even-Numbered Years - In even-numbered years, JOSHUA SCOTT TERRY shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and LAUREN LENELL FULLER shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. 2. Christmas Holidays in Odd-Numbered Years - In odd-numbered years, LAUREN LENELL FULLER shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and JOSHUA SCOTT TERRY shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. 3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, JOSHUA SCOTT TERRY shall have the right to possession of the child 12beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. 4. Thanksgiving in Even-Numbered Years - In even-numbered years, LAUREN LENELL FULLER shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. 3. Child's Birthday - If a parent is not otherwise entitled under this Standard Possession Order to present possession of a child on the child's birthday, that parent shall have possession of the child and the child's minor siblings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the children from the other parent's residence and returns the children to that same place. 6. Father's Day - JOSHUA SCOTT TERRY shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if JOSHUA SCOTT TERRY is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from LAUREN LENELL FULLER's residence and return the child to that same place. 7 Mother's Day - LAUREN LENELL FULLER shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if LAUREN LENEBLL FULLER is not otherwise entitled under this Standard. Possession Order to present possession of the child, she shall pick up the child from JOSHUA SCOTT TERRY’s residence and return the child to that same place. (f) Undesignated Periods of Possession LAUREN LENELL FULLER shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for JOSHUA SCOTT TERRY. (g) | General Terms and Conditions Except as otherwise expressly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows: 1 Surrender of Child by LAUREN LENELL FULLER - LAUREN LENELL FULLER is ORDERED io surrender the child to JOSHUA SCOTT 13TERRY at the beginning of each period of JOSHUA SCOTT TERRY's possession at the residence of LAUREN LENELL FULLER. 2. Surrender of Child by JOSHUA SCOTT TERRY - JOSHUA SCOTT TERRY is ORDERED to surrender the child to LAUREN LENELL FULLER at the residence of JOSHUA SCOTT TERRY at the end of each period of possession. 3. Surrender of Child by JOSHUA SCOTT TERRY - JOSHUA SCOTT TERRY is ORDERED to surrender the child to LAUREN LENELL FULLER, if the child is in JOSHUA SCOTT TERRY's possession or subject to JOSHUA SCOTT TERRY's control, at the beginning of each period of LAUREN LENELL FULLER's exclusive periods of possession, at the place designated in this Standard Possession Order. 4. Return of Child by LAUREN LENELL FULLER - LAUREN LENELL FULLER is ORDERED to return the child to JOSHUA SCOTT TERRY, if JOSHUA SCOTT TERRY is entitled to possession of the child, at the end of each of LAUREN LENELL FULLER's exclusive periods of possession, at the place designated in this Standard Possession Order. 5. Personal Effects - Each conservator is ORDERED to return with the child the personal effects that the child brought a at the beginning of the period of possession. 6. Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned. 7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period. 8. Written Notice - Written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due. Each conservator is ORDERED to notify the other conservator of any change in the conservator's electronic mail address or facsimile number within twenty-four hours after the change. This concludes the Standard Possession Order. 142. 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. 3. Noninterference with Possession Except as expressly provided herein, IT IS ORDERED that neither conservator shall take possession of the children during the other conservator's period of possession unless there is a prior written agreement signed by both conservators or in case of an emergency. 4, Termination of Orders The provisions of this order relating to conservatorship, possession, or access terminate on the remarriage of LAUREN LENELL FULLER to JOSHUA SCOTT TERRY unless a nonparent or agency has been appointed conservator of the children under chapter 153 of the Texas Family Code. Child Support IT IS ORDERED that JOSHUA SCOTT TERRY is obligated to pay and shall pay to LAUREN LENELL FULLER child support in the amount of nine hundred eighty dollars ($980.00) per month, with the first payment being due and payable on October 1, 2016 and a like payment being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below: 1. any 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. any child marries; 153. any child dies; 4, the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Cade; or 5. any child's disabilities are otherwise removed for general purposes. Thereafter, JOSHUA SCOTT TERRY is ORDERED to pay to LAUREN LENELL FULLER child support in the amount of seven hundred eighty four dollars ($784.00) per month, due and payable on the first day of the first month immediately following the date of the carliest occurrence of one of the events specified above for the other child and a like sum of seven hundred eighty four dollars ($784.00) due and payable on the first day of each month thereafter until the next occurrence of one of the events specified above for the other child. If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that JOSHUA SCOTT TERRY's obligation to pay child support to LAUREN LENELL FULLER shall not terminate but shall continue for as long as the child is enrolled- L. 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 2. on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school. Child Support Arrearage The Court finds that JOSHUA SCOTT TERRY owes past child support in the amount of $154.00 and is ORDERED to pay such arrearage within 90 days from the date this order is 16signed. IT IS ORDERED that any employer of JOSHUA SCOTT TERRY shall be ordered to withhold from earnings for child support from the disposable earnings of JOSHUA SCOTT TERRY for the support of ETHAN GAGE TERRY and IAN SCOTT TERRY. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of JOSHUA SCOTT TERRY by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation, Payment of the full amount of child support ordered paid by this order through the means of withholding from earnings shall discharge the child support obligation. If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this order, the balance due remains an obligation of JOSHUA SCOTT TERRY, and it is hereby ORDERED that JOSHUA SCOTT TERRY pay the balance due directly to the state disbursement unit specified below. On this date the Court signed an Income Withholding for Support. Payment IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to LAUREN LENELL FULLER for the support of the children. IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee. Change of Employment IT IS FURTHER ORDERED that JOSHUA SCOTT TERRY shall notify this Court and 17LAUREN LENELL FULLER by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of JOSHUA SCOTT TERRY and the name and address of his current employer, whenever that information becomes available. Clerk's Duties IT IS ORDERED that, on the request of a prosecuting attorney, the title [V-D agency, the friend of the Court, a domestic relations office, LAUREN LENELL FULLER, JOSHUA SCOTT TERRY, or an attorney representing LAUREN LENELL FULLER or JOSHUA SCOTT TERRY, the clerk of this Court shall cause a certified copy of the Income Withholding for Support to be delivered to any employer. Health Care 1 if IS ORDERED that LAUREN LENELL FULLER and JOSHUA SCOTT TERRY shall each provide medical support for each child as set out in this order as additional child support for as long as the Court may order LAUREN LENELL FULLER and JOSHUA SCOTT TERRY to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code, Beginning on the day LAUREN LENELL FULLER and JOSHUA SCOTT TERRY '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 LAUREN LENELL FULLER and JOSHUA SCOTT TERRY are discharged from the obligations set forth in this medical support order with respect to that child, except for any failure by a parent to fully comply with those obligations before that date. 182. 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 children for which JOSHUA SCOTT TERRY is responsible as medical support that does not exceed 9 percent of JOSHUA SCOTT TERRY 's annual resources, as described by section 154.062(b) of the Texas Family Code. "Reasonable and necessary health-care expenses not paid by insurance and incutred by or on behalf of a child" include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication. "Furnish" means - a. to hand deliver the document by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient; b. to deliver the document to the recipient by certified mail, return receipt requested, to the recipient's last known mailing or residence address; or c to deliver the document to the recipient at the recipient's last known 19mailing or residence address using any person or entity whose principal business is that of a courier or deliverer of papers or documents either within or outside the United States. 3. Findings on Health Insurance Availability- Having considered the cost, accessibility, and quality of health insurance coverage available to the parties, the Court finds: Health insurance is available or is in effect for the children through JOSHUA SCOTT TERRY's employment or membership in a union, trade association, or other organization 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 - As additional child support, JOSHUA SCOTT TERRY is ORDERED to obtain, on or before September 22, 2016, health insurance for each child who is the subject of this suit that covers basic health-care services, including usual physician services, office visits, hospitalization, laboratory, X-ray, and emergency services and will pay for all premiums with a deductible no more than $500.00 and dental and vision converage. If for any reason JOSHUA SCOTT TERRY is unable to enroll the children based on the Final Decree of Divorce, then JOSHUA SCOTT TERRY will enroll the children in a plan within 15 days of the rendition of this final order. , JOSHUA SCOTT TERRY is ORDERED to maintain such health insurance in full force and effect on each child who is the subject of this suit as long as child support is payable for that child. JOSHUA SCOTT TERRY is ORDERED to convert any group insurance to individual coverage or obtain other health insurance for each child within fifteen days of termination of his 20employment or other disqualification from the group insurance. JOSHUA SCOTT TERRY is ORDERED to exercise any conversion options or acquisition of new health insurance in such a manner that the resulting insurance equals or exceeds that in effect immediately before the change. JOSHUA SCOTT TERRY is ORDERED to furnish LAUREN LENELL FULLER and the Office of the Attorney General Child Support Division a true and correct copy of the health insurance policy or certification and a schedule of benefits within 15 days of the signing of this order. JOSHUA SCOTT TERRY is ORDERED to furnish LAUREN LENELL FULLER the insurance cards and any other forms necessary for use of the insurance within 15 days of the signing of this order. JOSHUA SCOTT TERRY is ORDERED to provide, within three days of receipt by him, to LAUREN LENELL FULLER any insurance checks, other payments, or explanations of benefits relating to any medical expenses for the children that LAUREN LENELL FULLER paid or incurred. Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if JOSHUA SCOTT TERRY is eligible for dependent health coverage but fails to apply to obtain coverage for the children, the insurer shall enroll the children on application of LAUREN LENELL FULLER or others as authorized by law. Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health-care expenses of the children that are not reimbursed by health insurance are allocated as follows: LAUREN LENELL FULLER is ORDERED to pay 50 percent and JOSHUA SCOTT TERRY is ORDERED to pay 50 percent of the unreimbursed health-care expenses if, at the time the expenses are incurred, JOSHUA SCOTT TERRY is providing health insurance as ordered. The party who incurs a health-care expense on behalf of a child is ORDERED to furnish 21to the other party all forms, receipts, bills, statements, and explanations of benefits reflecting the uninsured portion of the health-care expenses within thirty days after he or she receives them. The nonincurring party is ORDERED to pay his or her percentage of the uninsured portion of the health-care expenses either by paying the health-care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party's percentage of the uninsured portion of the health-care expenses within thirty days after the nonincurring party receives the forms, receipts, bills, statements, and explanations of benefits. These provisions apply to all unreimbursed health-care expenses of any child who is the subject of this suit that are incurred while child support is payable for that child. 5. Secondary Coverage - IT IS ORDERED that if a party provides secondary health insurance coverage for the children, both parties shall cooperate fully with regard to the handling and filing of claims with the insurance carrier providing the coverage in order to maximize the benefits available to the children and to ensure that the party who pays for health-care expenses for the children is reimbursed for the payment from both carriers to the fullest extent possible. 6. Compliance with Insurance Company Requirements - Each party is ORDERED to conform to all requirements imposed by the terms and conditions of the policy of health insurance covering the children in order to assure the maximum reimbursement or direct payment by the insurance company of the incurred health-care expense, including but not limited to requirements for advance notice to any carrier, second opinions, and the like. Each party is ORDERED to use "preferred providers," or services within the health maintenance organization, if applicable. Disallowance of the bill by a health insurer shall not excuse the obligation of either party to make payment. Excepting emergency health-care expenses incurred on behalf of the children, if a party incurs health-care expenses for the children using "out-of-network" health- 22care providers or services, or fails to follow the health insurance company procedures or requirements, that party shall pay all such health-care expenses incurred absent (1) written agreement of the parties allocating such health-care expenses or (2) further order of the Court. 7. Claims - Except as provided in this paragraph, the party who is not carrying the health insurance policy covering the children is ORDERED to furnish to the party carrying the policy, within fifteen days of receiving them, any and all forms, receipts, bills, and statements reflecting the health-care expenses the party not carrying the policy incurs on behalf of the children. In accordance with section 1204.251 and 1504.055(a) of the Texas Insurance Code, IT IS ORDERED that the party who is not carrying the health insurance policy covering the children, at that party's option, may file any claims for health-care expenses directly with the insurance carrier with and from whom coverage is provided for the benefit of the children and receive payments directly from the insurance company. Further, for the sole purpose of section 1204.251 of the Texas Insurance Code, LAUREN LENELL FULLER is designated the managing conservator or possessory conservator of the children. The party who is carrying the health insurance policy covering the children is ORDERED to submit all forms required by the insurance company for payment or reimbursement of health- care expenses incurred by either party on behalf of a child to the insurance carrier within fifteen days of that party's receiving any form, receipt, bill, or statement reflecting the expenses. 8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance payments received by a party from the health insurance carrier as reimbursement for health-care expenses incurred by or on behalf of a child shall belong to the party who paid those expenses. IT IS FURTHER ORDERED that the party receiving the insurance payments is designated a constructive trustee to receive any insurance checks or payments for health-care expenses paid 23by the other party, and the party carrying the policy shall endorse and forward the checks or payments, along with any explanation of benefits received, to the other party within three days of receiving them. 9, WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH 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 HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILDREN. Support as Obligation of Estate IT IS ORDERED that the provisions for child support in this order shall be an obligation of the estate of JOSHUA SCOTT TERRY and shall not terminate on the death of JOSHUA SCOTT TERRY. Payments received for the benefit of the children, including payments from the Social Security Administration, Department of Veterans Affairs or other governmental agency or life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation. Any remaining balance of the child support is an obligation of JOSHUA SCOTT TERRY's estate. Termination of Orders on Remarriage of Parties but Not on Death of Obligee The provisions of this order relating to current child support terminate on the remarriage of LAUREN LENELL FULLER to JOSHUA SCOTT TERRY unless a nonparent or agency has been appointed conservator of the children under chapter 153 of the Texas Family Code. An obligation to pay child support under this order does not terminate on the death of LAUREN 24LENELL FULLER but continues as an obligation to ETHAN GAGE TERRY and IAN SCOTT TERRY. Required Information The information required for each party by section 105.006(a) of the Texas Family Code is as follows: Name: LAUREN LENELL FULLER Name: Social Security number: Driver's license number: Current residence address: Home telephone number: Name of employer: Address of employment: Work telephone number: JOSHUA SCOTT TERRY Social Security number: Driver's license number: Current residence address: Home telephone number: Name of employer: Address of employment: Work telephone number: Required Notices XXX-XK-X235 XXXXXK549 Issuing state: Texas 10333 Research Forest Dr. #1214, Magnolia, Texas 77354 832-791-8276 SBM 16554 Air Center Blvd, Houston, Texas 77032 281-233-0202 ext 10 XXX-XX-801 XXXXX690 Issuing state: Texas 1006 North Hunting Tower Run, Montgomery, Texas 77316 713-899-7745 MBI Partnership, LTD 7676 Woodway, Suite 104, Houston, Texas 77063 713-952-6767 25EACH PERSON WHO