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FILED
AUG 12 2016
CAUSE NO. 15-0667-D
LOIS ROGERS
- ~921st DIST. COURT, SMITH CO., TX
IN THE MATTER OF IN THE DIS’ DEPI
THE MARRIAGE OF
TRACEY KATHLEEN SHANKLIN
AND 321ST JUDICIAL DISTRICT
DANIEL CURTIS SHANKLIN
AND IN THE INTEREST OF
S.L.S. AND A.C.S., CHILDREN § SMITH COUNTY, TEXAS
ORDER ON MOTION FOR JUDGMENT NUNC PRO TUNC
On the- Court considered the Motion for
Judgment Nunc Pro Tunc of Tracey Kathleen Shanklin.
IT IS ORDERED that a Judgment Nunc Pro Tune be entered as shown on the attached
order, Exhibit “A”.
SIGNEDon SQ TD
ORDER ON MOTION FOR JUDGMENT NUNC PRO TUNC
PaGETOFL
CAUSE NO. 15-0667-D
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
TRACEY KATHLEEN SHANKLIN
AND 3218T JUDICIAL DISTRICT
DANIEL CURTIS SHANKLIN
AND IN THE INTEREST OF
S.L.S. AND A.C.S., CHILDREN § SMITH COUNTY, TEXAS
FINAL DECREE OF DIVORCE
On the Court heard this case.
Appearances
Petitioner, Tracey Kathleen Shanklin, appeared in person and through attorney of record,
James Andrew Carter, and announced ready for trial.
Respondent, Daniel Curtis Shanklin, appeared in person and through attorney of record,
William H. Lively, Jr., and announced ready for trial.
Record
The record of testimony was duly reported by the court reporter for the 321st Judicial
District Court.
Jurisdiction and Domicile
The Court finds that the pleadings of Petitioner are in due form and contain all the
allegations, information, and prerequisites required by law. The Court, after receiving evidence,
finds that it has jurisdiction of this case and of all the parties and that at least sixty days have
elapsed since the date the suit was filed.
* The Court further finds that, at the time this suit was filed, Petitioner had been a
domiciliary of Texas for the preceding six-month period and a resident of the county in which
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this suit was filed for the preceding ninety-day period, All persons entitled to citation were
properly cited.
Jury
A jury was waived, and questions of fact and oflaw were submitted to the Court.
Agreement of Parties
The Court finds that the parties have entered into a written agreement as contained in this
decree by virtue of having approved this decree as to both form and substance. To the extent
permitted by law, the parties stipulate the agreement is enfoiceable as a contract. The Court
approves the agreement of the parties as contained in this Final Decree of Divorce.
The agreements in this Final Decree of Divorce were reached pursuant to the informal
settlement process. This Final Decree of Divorce is stipulated to represent 2 merger of a
informal settlement agreement between the parties. To the extent there exist any differences
between the informal settlement agreement and this Final Decree of Divorce, this Final Decree
of Divorce shall control in all instances.
Divorce
Jf IS ORDERED AND DECREED that Tracey Kathleen Shanklin, Petitioner, and
Daniel Curtis Shanklin, Respondent, are divorced and that the marriage between them is
dissolved on the ground of insupportability.
Children of the Marriage ‘
The Court finds that Petitioner and Respondent are the parents of the following children:
Name: S.LS.
Sex: Female
Birth date: ##/*/1998
Home state: Texas
Name: ACS.
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2 OF 43
Sex: Female
Birth date: *#P*/2003
Home state: Texas
The Court finds no other children of the marriage are expected.
Parenting Plan
The Court finds that the provisions in this decree 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 the
children constitute the parties' agreed parenting plan.
Conservatorship
The Court, having considered the circumstances of the parents and of the children, finds
that the following orders are in the best interest of the children.
IT IS ORDERED that Tracey Kathleen Shanklin and Daniel Curtis Shanklin are
appointed Joint Managing Conservators of the following children: $.L.S. and A.C\S.
IT IS ORDERED that, at all times, Tracey Kathleen Shanklin, as a parent joint managing
conservator, shall have the following rights:
1 the right to receive information from any other conservator of the children
conceming 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;
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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, Daniel Curtis Shanklin, 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, 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 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, Tracey Kathleen Shanklin and Daniel Curtis Shanklin,
as parent joint managing conservators, shall each have the following duties:
1 the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children;
2. the duty to inform the other conservator of the children if the conservator resides
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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
protective 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, Tracey Kathleen Shanklin, 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, Daniel Curtis Shanklin, as parent
INAL DECREE OF DIVORCE.
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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.
ITIS ORDERED that Tracey Kathleen Shanklin, as a parent joint managing conservator,
shall have the following rights and duty:
1 the exclusive right to designate the primary tesidence of the children without
regard to geographic location;
2. the independent right to consent to medical, dental, and surgical treatment
- involving invasive procedures;
3 the independent right to consent to psychiatric and psychological treatment of the
children;
4, the independent right to receive and give receipt for periodic payments for the
support of the children and to hold or disburse these funds for the benefit of the children;
5. the independent right to represent the children in legal action and to make other
decisions of substantial legal significance concerning the children:
6 the independent right to consent to marriage and to enlistment in the armed forces
of the United States;
7 the independent right to make decisions concerning the children's education:
8 except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
9. except when a guardian of the children's estates or a guardian or attorney ad litem
has been appointed for the children, the independent right to act as an agent of the children in
relation to the children's estates if the children's action is required by a state, the United States, or
a foreign government; and
10. the independent duty 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.
FINAL DECREE OF DIVORCE.
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IT IS ORDERED that Daniel Curtis Shanklin, as a parent joint managing conservator,
shall have the following rights and duty:
1 the independent right to consent to medical, dental, and surgical treatment
involving invasive procedures;
2. the independent right to consent to psychiatric and psychological treatment of the
children;
3 the independent right to receive and give receipt for periodic payments for the
support of the children and to hold or disburse these funds for the benefit of the children;
4. the independent right to represent the children in legal action and to make other
decisions of substantial legal significance concerning the children;
5 the independent right to consent to marriage and to enlistment in the armed forces
of the United States;
6 the independent right to make decisions concerning the children's education;
7 except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
8. except when a guardian of the children's estates or a guardian or attorney ad litem
has been appointed for the children, the independent right to act as an agent of the children in
relation to the children's estates if the children's action is required by a state, the United States, or
a foreign government; and
9 the independent duty 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 shall 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 after the date the Court signs this Standard Possession Order. IT IS,
THEREFORE, ORDERED:
@) Definitions
1 In this Standard Possession Order "school" means the elementary
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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 isi under the age
of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession.
IT 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 set out in this Standard Possession Order
subject to the approval of the child.
() Parents Who Reside 100 Miles or Less Apart
Except as otherwise expressly provided in this Standard Possession Order,
when Daniel Curtis Shanklin resides 100 miles or less from the primary residence
of the child, Daniel Curtis Shanklin shall 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 Daniel Curtis Shanklin 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 Daniel Curtis Shanklin ends on or is
immediately followed by a student holiday or a teacher in-service day that falls on
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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 Thursdays - On Thursday of each week during the regular school
term, beginning at 6:00 p.m. and ending at 8:00 p.m.
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 Daniel Curtis Shanklin —
With Written Notice by April 1 - If Daniel Curtis Shanklin gives Tracey
Kathleen Shanklin written notice by April 1 of a year specifying an extended.
period or periods of summer possession for that year, Daniel Curtis Shanklin 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 Daniel Curtis Shanklin does not
give Tracey Kathieen Shanklin written notice by April 1 of a year specifying an
extended period or periods of summer possession for that year, Daniel Curtis
Shanklin 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 Daniel Curtis
Shanklin, it is expressly ORDERED that Tracey Kathleen Shanklin 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 Tracey Kathleen Shanklin - If
Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15
ofa year, Tracey Kathleen Shanklin 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
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following Sunday during any one period of the extended summer possession by
Daniel Curtis Shanklin in that year, provided that Tracey Kathleen Shanklin picks
up the child from Daniel Curtis Shanklin and returns the child to that same place
and that the weekend so designated does not interfere with Father's Day
possession. :
3 Extended Summer Possession by Tracey Kathleen Shanklin - If
Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15
of a year or gives Daniel Curtis Shanklin fourteen days' written notice on or after
April 16 of a year, Tracey Kathleen Shanklin may designate one weekend
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, during which an otherwise scheduled weekend
period of possession by Daniel Curtis Shanklin shall not take place in that year,
provided that the weekend so designated does not interfere with Daniel Curtis
Shanklin's period or periods of extended summer possession or with Father’s Day
possession.
@ Parents Who Reside More Than 100 Miles Apart
Except as otherwise expressly provided in this Standard Possession Order,
when Daniel Curtis Shanklin resides more than 100 miles from the residence of
the child, Daniel Curtis Shanklin shall have the right to possession of the child as
follows:
1 Weekends - Unless Daniel Curtis Shanklin elects the alternative
period of weekend possession described in the next paragraph, Daniel Curtis
Shanklin 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 each 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, Daniel Curtis Shanklin shall have the right
to possession of the child not more than one weekend per month of Daniel Curtis
Shanklin'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. Daniel Curtis Shanklin may elect an option for this alternative period
of weekend possession by giving written notice to Tracey Kathleen Shanklin
within ninety days after the parties begin to reside more than 100 miles apart. If
Daniel Curtis Shanklin makes this election, Daniel Curtis Shanklin shall give
Tracey Kathleen Shanklin 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
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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 Daniel Curtis Shanklin 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 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 Daniel Curtis Shanklin 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 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 Daniel Curtis Shanklin —
With Written Notice by April 1 - If Daniel Curtis Shanklin gives Tracey
Kathleen Shanklin written notice by April 1 of a year specifying an extended
period or periods of summer possession for that year, Daniel Curtis Shanklin 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 Daniel Curtis Shanklin does not
give Tracey Kathleen Shanklin written notice by April 1 of a year specifying an
extended period or periods of summer possession for that year, Daniel Curtis
Shanklin 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
Daniel Curtis Shanklin, it is expressly ORDERED that Tracey Kathleen Shanklin
shall have a superior right of possession of the child as follows:
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1 Summer Weekend Possession by Tracey Kathleen Shanklin - If
Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15
ofa year, Tracey Kathleen Shanklin shall have possession of the child on any one
weekend beginning at 6:00 pm. on Friday and ending at 6:00 p.m. on the
following Sunday during any one period of possession by Daniel Curtis Shanklin
during Daniel Curtis Shanklin's extended summer possession in that year,
provided that if a period of possession by Daniel Curtis Shanklin in that year
exceeds thirty days, Tracey Kathleen Shanklin may have possession of the child
under the terms of this provision on any two nonconsecutive weekends during that
period and provided that Tracey Kathleen Shanklin picks up the child from Daniel
Curtis Shanklin 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 Tracey Kathleen Shanklin - If
Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15
of a year, Tracey Kathleen Shanklin 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 Daniel Curtis
Shanklin shall not have possession of the child, provided that the period or
periods so designated do not interfere with Daniel Curtis Shanklin'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,
© Holidays Unaffected by Distance
Notwithstanding the weekend and Thursday periods of. possession of
Daniel Curtis Shanklin, Tracey Kathleen Shanklin and Daniel Curtis Shanklin
shall have the right to possession of the child as follows:
1 Christmas Holidays in Even-Numbered Years - In even-numbered
years, Daniel Curtis Shanklin 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 Tracey
Kathleen ‘Shanklin 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, Tracey Kathleen Shanklin 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 Daniel Curtis
Shanklin 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
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Christmas school vacation.
3 Thanksgiving in Odd-Numbered Years - In odd-numbered years,
Daniel Curtis Shanklin 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.
4 Thanksgiving in Even-Numbered Years - In even-numbered years,
Tracey Kathleen Shanklin 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.
5 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 beginning at 6:00 p.m. and ending at
8:00 p.m. on that day, provided that that parent picks up the child from the other
parent's residence and returns the child to that same place.
6 Father's Day - Daniel Curtis Shanklin 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 Daniel
Curtis Shanklin is not otherwise entitled under this Standard Possession Order to
present possession of the child, he shall pick up the child from Tracey Kathleen
Shanklin's residence and return the child to that same place.
7. Mother's Day - Tracey Kathleen Shanklin 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 Tracey
Kathleen Shanklin is not otherwise entitled under this Standard Possession Order
to present possession of the child, she shall pick up the child from Daniel Curtis
Shanklin's residence and return the child to that same place.
© Undesignated Periods of Possession
Tracey Kathleen Shanklin shall have the right of possession of the child at
all other times not specifically designated in this Standard Possession Order for
Daniel Curtis Shanklin.
(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 Tracey Kathleen Shanklin - Tracey Kathleen
Shanklin is ORDERED to surrender the child to Daniel Curtis Shanklin at the
.
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beginning of each period of Daniel Curtis Shanklin’s possession at the residence
of Tracey Kathleen Shanklin.
2. Return of Child by Daniel Curtis Shanklin - Daniel Curtis Shanklin
is ORDERED to return the child to the residence of Tracey Kathleen Shanklin at
the end of each period of possession. However, it is ORDERED that, if Tracey
Kathleen Shanklin and Daniel Curtis Shanklin live in the same county at the time
of rendition of this order, Daniel Curtis Shanklin's county of residence remains
the same after rendition of this order, and Tracey Kathleen Shanklin's county of
residence changes, effective on the date of the change of residence by Tracey
Kathleen Shanklin, Daniel Curtis Shanklin shall surrender the child to Tracey
Kathleen Shanklin at the residence of Daniel Curtis Shanklin at the end of each
period of possession.
3 Surrender of Child by Daniel Curtis Shanklin - Daniel Curtis
Shanklin is ORDERED to surrender the child to Tracey Kathleen Shanklin, if the
child is in Daniel Curtis Shanklin's possession or subject to Daniel Curtis
Shanklin's control, at the beginning of each period of Tracey Kathleen Shanklin's
exclusive periods of possession, at the place designated in this Standard
Possession Order.
4 Return of Child by Tracey Kathleen Shanklin - Tracey Kathleen
Shanklin is ORDERED to return the child to Daniel Curtis Shanklin, if Daniel
Curtis Shanklin is entitled to possession of the child, at the end of each of Tracey
Kathleen Shanklin'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 at the beginning of the period
of possession.
6 Designation of Competent Adult - Each conservator may designate
any competent adult to pick up and retum 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
FINAL DECREE OF DIVORCE
PAGE 14 OF 43
hours after the change.
This concludes the Standard Possession Order.
2. Other Parenting Plan Provisions
In addition to all other provisions for possession provided in this decree, the
following periods of possession are ORDERED:
1 Morality Clause - The parents agree that no unrelated person with whom
the parent is involved in an intimate or dating relationship shall remain in the residence
between the hours of 9:00 p.m. and 7:00 a.m. when the children are in the parent's care.
3 Duration
The periods of possession ordered above apply to each child the subject of this
suit while that child is under the age of eighteen years and not otherwise emancipated.
4 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.
5 Termination of Orders
The provisions of this decree relating to conservatorship, possession, or access
terminate on the remarriage of Tracey Kathleen Shanklin to Daniel Curtis Shanklin
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 Daniel Curtis Shanklin is obligated to pay and shall pay to Tracey
Kathleen Shanklin child support of six hundred dollars ($600.00) per month, with the first
FINAL DECREE OF DIVORCE
PAGE 15 OF 43
payment being due and payable on January 1, 2016 and a like payment being due and payable on
the Ist 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;
3 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 Code; or
5 any child's disabilities are otherwise removed for general purposes. -
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that Daniel Curtis Shanklin's obligation to pay child support to Tracey Kathleen
Shanklin shall not terminate but shall continue for as long as the child is enrolled-
1 under chapter 25 of the Texas Education Code in an accredited secondary school
in a program leading toward a high school diploma or under section 130.008 of the Education
Code in courses for joint high school and junior college credit and is complying with the
minimum attendance requirements of subchapter C of chapter 25 of the Education Code or
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.
Withholding from Earnings
IT IS ORDERED that any employer of Daniel Curtis Shanklin shall be ordered to
FINAL DECREE OF DIVORCE
PAGE 16 OF 43
withhold from earnings for child support from the disposable earnings of Daniel Curtis Shanklin
for the support of S.L.S. and A.C.S..
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
Daniel Curtis Shanklin 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 decree 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 decree, the balance due remains an obligation of Daniel Curtis Shanklin, and it is hereby
ORDERED that Daniel Curtis Shanklin 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 Tracey Kathleen Shanklin 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 Daniel Curtis Shanklin shall notify this Court and
Tracey Kathleen Shanklin 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
‘FINAL DECREE OF DIvoRCE.
PAGE 17 OF 43
notice shall also provide the current address of Daniel Curtis Shanklin 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 IV-D agency, the
friend of the Court, a domestic relations office, Tracey Kathleen Shanklin, Daniel Curtis
Shanklin, or an attomey representing Tracey Kathleen Shanklin or Daniel Curtis Shanklin, 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 IT IS ORDERED that Tracey Kathleen Shanklin and Daniel Curtis Shanklin 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 Tracey Kathleen Shanklin and Daniel Curtis Shanklin to provide
support for the child under sections 154.001 and 154.002 of the Texas Eamily Code. Beginning
on the day Tracey Kathleen Shanklin and Daniel Curtis Shanklin'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 Tracey Kathleen Shanklin and Daniel Curtis Shanklin 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.
2. Definitionis -
"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
FINAL DECREE OF DIVORCE
PAGE 18 OF 43
Human Resources Code.
"Reasonable cost" means the total cost of health insurance coverage for all children for
which Daniel Curtis Shanklin is responsible under a medical support order that does not exceed 9
percent of Daniel Curtis Shanklin'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 incurred 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
Preview
FILED AUG 12 2016 CAUSE NO. 15-0667-D LOIS ROGERS - ~921st DIST. COURT, SMITH CO., TX IN THE MATTER OF IN THE DIS’ DEPI THE MARRIAGE OF TRACEY KATHLEEN SHANKLIN AND 321ST JUDICIAL DISTRICT DANIEL CURTIS SHANKLIN AND IN THE INTEREST OF S.L.S. AND A.C.S., CHILDREN § SMITH COUNTY, TEXAS ORDER ON MOTION FOR JUDGMENT NUNC PRO TUNC On the- Court considered the Motion for Judgment Nunc Pro Tunc of Tracey Kathleen Shanklin. IT IS ORDERED that a Judgment Nunc Pro Tune be entered as shown on the attached order, Exhibit “A”. SIGNEDon SQ TD ORDER ON MOTION FOR JUDGMENT NUNC PRO TUNC PaGETOFL CAUSE NO. 15-0667-D IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF TRACEY KATHLEEN SHANKLIN AND 3218T JUDICIAL DISTRICT DANIEL CURTIS SHANKLIN AND IN THE INTEREST OF S.L.S. AND A.C.S., CHILDREN § SMITH COUNTY, TEXAS FINAL DECREE OF DIVORCE On the Court heard this case. Appearances Petitioner, Tracey Kathleen Shanklin, appeared in person and through attorney of record, James Andrew Carter, and announced ready for trial. Respondent, Daniel Curtis Shanklin, appeared in person and through attorney of record, William H. Lively, Jr., and announced ready for trial. Record The record of testimony was duly reported by the court reporter for the 321st Judicial District Court. Jurisdiction and Domicile The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed. * The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which FINAL DECREE OF DIVORCE Page 1 oF 43 this suit was filed for the preceding ninety-day period, All persons entitled to citation were properly cited. Jury A jury was waived, and questions of fact and oflaw were submitted to the Court. Agreement of Parties The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both form and substance. To the extent permitted by law, the parties stipulate the agreement is enfoiceable as a contract. The Court approves the agreement of the parties as contained in this Final Decree of Divorce. The agreements in this Final Decree of Divorce were reached pursuant to the informal settlement process. This Final Decree of Divorce is stipulated to represent 2 merger of a informal settlement agreement between the parties. To the extent there exist any differences between the informal settlement agreement and this Final Decree of Divorce, this Final Decree of Divorce shall control in all instances. Divorce Jf IS ORDERED AND DECREED that Tracey Kathleen Shanklin, Petitioner, and Daniel Curtis Shanklin, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability. Children of the Marriage ‘ The Court finds that Petitioner and Respondent are the parents of the following children: Name: S.LS. Sex: Female Birth date: ##/*/1998 Home state: Texas Name: ACS. FINAL DECREE OF DIVORCE PAGE 2 OF 43 Sex: Female Birth date: *#P*/2003 Home state: Texas The Court finds no other children of the marriage are expected. Parenting Plan The Court finds that the provisions in this decree 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 the children constitute the parties' agreed parenting plan. Conservatorship The Court, having considered the circumstances of the parents and of the children, finds that the following orders are in the best interest of the children. IT IS ORDERED that Tracey Kathleen Shanklin and Daniel Curtis Shanklin are appointed Joint Managing Conservators of the following children: $.L.S. and A.C\S. IT IS ORDERED that, at all times, Tracey Kathleen Shanklin, as a parent joint managing conservator, shall have the following rights: 1 the right to receive information from any other conservator of the children conceming 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; FINAL DECREE OF DIVORCE PAGE3 OF 43, 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, Daniel Curtis Shanklin, 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, 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 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, Tracey Kathleen Shanklin and Daniel Curtis Shanklin, as parent joint managing conservators, shall each have the following duties: 1 the duty to inform the other conservator of the children in a timely manner of significant information concerning the health, education, and welfare of the children; 2. the duty to inform the other conservator of the children if the conservator resides FINAL DECREE OF DIVORCE PAGE4 OF 43, 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 protective 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, Tracey Kathleen Shanklin, 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, Daniel Curtis Shanklin, as parent INAL DECREE OF DIVORCE. PAGES OF 43 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. ITIS ORDERED that Tracey Kathleen Shanklin, as a parent joint managing conservator, shall have the following rights and duty: 1 the exclusive right to designate the primary tesidence of the children without regard to geographic location; 2. the independent right to consent to medical, dental, and surgical treatment - involving invasive procedures; 3 the independent right to consent to psychiatric and psychological treatment of the children; 4, the independent right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children; 5. the independent right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children: 6 the independent right to consent to marriage and to enlistment in the armed forces of the United States; 7 the independent right to make decisions concerning the children's education: 8 except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the children; 9. except when a guardian of the children's estates or a guardian or attorney ad litem has been appointed for the children, the independent right to act as an agent of the children in relation to the children's estates if the children's action is required by a state, the United States, or a foreign government; and 10. the independent duty 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. FINAL DECREE OF DIVORCE. PAGE 6 OF 43 IT IS ORDERED that Daniel Curtis Shanklin, as a parent joint managing conservator, shall have the following rights and duty: 1 the independent right to consent to medical, dental, and surgical treatment involving invasive procedures; 2. the independent right to consent to psychiatric and psychological treatment of the children; 3 the independent right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children; 4. the independent right to represent the children in legal action and to make other decisions of substantial legal significance concerning the children; 5 the independent right to consent to marriage and to enlistment in the armed forces of the United States; 6 the independent right to make decisions concerning the children's education; 7 except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the children; 8. except when a guardian of the children's estates or a guardian or attorney ad litem has been appointed for the children, the independent right to act as an agent of the children in relation to the children's estates if the children's action is required by a state, the United States, or a foreign government; and 9 the independent duty 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 shall 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 after the date the Court signs this Standard Possession Order. IT IS, THEREFORE, ORDERED: @) Definitions 1 In this Standard Possession Order "school" means the elementary FINAL DECREE OF DIVORCE PAGE7 OF 43, 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 isi under the age of eighteen years and not otherwise emancipated. (b) Mutual Agreement or Specified Terms for Possession. IT 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 set out in this Standard Possession Order subject to the approval of the child. () Parents Who Reside 100 Miles or Less Apart Except as otherwise expressly provided in this Standard Possession Order, when Daniel Curtis Shanklin resides 100 miles or less from the primary residence of the child, Daniel Curtis Shanklin shall 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 Daniel Curtis Shanklin 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 Daniel Curtis Shanklin ends on or is immediately followed by a student holiday or a teacher in-service day that falls on FINAL DECREE OF DIVORCE PAGES OF 43, 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 Thursdays - On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m. 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 Daniel Curtis Shanklin — With Written Notice by April 1 - If Daniel Curtis Shanklin gives Tracey Kathleen Shanklin written notice by April 1 of a year specifying an extended. period or periods of summer possession for that year, Daniel Curtis Shanklin 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 Daniel Curtis Shanklin does not give Tracey Kathieen Shanklin written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Daniel Curtis Shanklin 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 Daniel Curtis Shanklin, it is expressly ORDERED that Tracey Kathleen Shanklin 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 Tracey Kathleen Shanklin - If Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15 ofa year, Tracey Kathleen Shanklin 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 FINAL DECREE OF DIVORCE PAGES OF 43, following Sunday during any one period of the extended summer possession by Daniel Curtis Shanklin in that year, provided that Tracey Kathleen Shanklin picks up the child from Daniel Curtis Shanklin and returns the child to that same place and that the weekend so designated does not interfere with Father's Day possession. : 3 Extended Summer Possession by Tracey Kathleen Shanklin - If Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15 of a year or gives Daniel Curtis Shanklin fourteen days' written notice on or after April 16 of a year, Tracey Kathleen Shanklin may designate one weekend 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, during which an otherwise scheduled weekend period of possession by Daniel Curtis Shanklin shall not take place in that year, provided that the weekend so designated does not interfere with Daniel Curtis Shanklin's period or periods of extended summer possession or with Father’s Day possession. @ Parents Who Reside More Than 100 Miles Apart Except as otherwise expressly provided in this Standard Possession Order, when Daniel Curtis Shanklin resides more than 100 miles from the residence of the child, Daniel Curtis Shanklin shall have the right to possession of the child as follows: 1 Weekends - Unless Daniel Curtis Shanklin elects the alternative period of weekend possession described in the next paragraph, Daniel Curtis Shanklin 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 each 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, Daniel Curtis Shanklin shall have the right to possession of the child not more than one weekend per month of Daniel Curtis Shanklin'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. Daniel Curtis Shanklin may elect an option for this alternative period of weekend possession by giving written notice to Tracey Kathleen Shanklin within ninety days after the parties begin to reside more than 100 miles apart. If Daniel Curtis Shanklin makes this election, Daniel Curtis Shanklin shall give Tracey Kathleen Shanklin 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 FINAL DECREE OF DIVORCE PAGE 10 OF 43 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 Daniel Curtis Shanklin 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 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 Daniel Curtis Shanklin 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 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 Daniel Curtis Shanklin — With Written Notice by April 1 - If Daniel Curtis Shanklin gives Tracey Kathleen Shanklin written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Daniel Curtis Shanklin 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 Daniel Curtis Shanklin does not give Tracey Kathleen Shanklin written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Daniel Curtis Shanklin 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 Daniel Curtis Shanklin, it is expressly ORDERED that Tracey Kathleen Shanklin shall have a superior right of possession of the child as follows: FINAL DECREE OF DIVORCE. PAGE 11 OF 43 1 Summer Weekend Possession by Tracey Kathleen Shanklin - If Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15 ofa year, Tracey Kathleen Shanklin shall have possession of the child on any one weekend beginning at 6:00 pm. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Daniel Curtis Shanklin during Daniel Curtis Shanklin's extended summer possession in that year, provided that if a period of possession by Daniel Curtis Shanklin in that year exceeds thirty days, Tracey Kathleen Shanklin may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Tracey Kathleen Shanklin picks up the child from Daniel Curtis Shanklin 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 Tracey Kathleen Shanklin - If Tracey Kathleen Shanklin gives Daniel Curtis Shanklin written notice by April 15 of a year, Tracey Kathleen Shanklin 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 Daniel Curtis Shanklin shall not have possession of the child, provided that the period or periods so designated do not interfere with Daniel Curtis Shanklin'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, © Holidays Unaffected by Distance Notwithstanding the weekend and Thursday periods of. possession of Daniel Curtis Shanklin, Tracey Kathleen Shanklin and Daniel Curtis Shanklin shall have the right to possession of the child as follows: 1 Christmas Holidays in Even-Numbered Years - In even-numbered years, Daniel Curtis Shanklin 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 Tracey Kathleen ‘Shanklin 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, Tracey Kathleen Shanklin 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 Daniel Curtis Shanklin 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 FINAL DECREE OF DIVORCE PAGE 12 OF 43 Christmas school vacation. 3 Thanksgiving in Odd-Numbered Years - In odd-numbered years, Daniel Curtis Shanklin 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. 4 Thanksgiving in Even-Numbered Years - In even-numbered years, Tracey Kathleen Shanklin 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. 5 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 beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the child from the other parent's residence and returns the child to that same place. 6 Father's Day - Daniel Curtis Shanklin 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 Daniel Curtis Shanklin is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Tracey Kathleen Shanklin's residence and return the child to that same place. 7. Mother's Day - Tracey Kathleen Shanklin 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 Tracey Kathleen Shanklin is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from Daniel Curtis Shanklin's residence and return the child to that same place. © Undesignated Periods of Possession Tracey Kathleen Shanklin shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for Daniel Curtis Shanklin. (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 Tracey Kathleen Shanklin - Tracey Kathleen Shanklin is ORDERED to surrender the child to Daniel Curtis Shanklin at the . FINAL DECREE OF DIVORCE. PAGE 13 OF 43 beginning of each period of Daniel Curtis Shanklin’s possession at the residence of Tracey Kathleen Shanklin. 2. Return of Child by Daniel Curtis Shanklin - Daniel Curtis Shanklin is ORDERED to return the child to the residence of Tracey Kathleen Shanklin at the end of each period of possession. However, it is ORDERED that, if Tracey Kathleen Shanklin and Daniel Curtis Shanklin live in the same county at the time of rendition of this order, Daniel Curtis Shanklin's county of residence remains the same after rendition of this order, and Tracey Kathleen Shanklin's county of residence changes, effective on the date of the change of residence by Tracey Kathleen Shanklin, Daniel Curtis Shanklin shall surrender the child to Tracey Kathleen Shanklin at the residence of Daniel Curtis Shanklin at the end of each period of possession. 3 Surrender of Child by Daniel Curtis Shanklin - Daniel Curtis Shanklin is ORDERED to surrender the child to Tracey Kathleen Shanklin, if the child is in Daniel Curtis Shanklin's possession or subject to Daniel Curtis Shanklin's control, at the beginning of each period of Tracey Kathleen Shanklin's exclusive periods of possession, at the place designated in this Standard Possession Order. 4 Return of Child by Tracey Kathleen Shanklin - Tracey Kathleen Shanklin is ORDERED to return the child to Daniel Curtis Shanklin, if Daniel Curtis Shanklin is entitled to possession of the child, at the end of each of Tracey Kathleen Shanklin'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 at the beginning of the period of possession. 6 Designation of Competent Adult - Each conservator may designate any competent adult to pick up and retum 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 FINAL DECREE OF DIVORCE PAGE 14 OF 43 hours after the change. This concludes the Standard Possession Order. 2. Other Parenting Plan Provisions In addition to all other provisions for possession provided in this decree, the following periods of possession are ORDERED: 1 Morality Clause - The parents agree that no unrelated person with whom the parent is involved in an intimate or dating relationship shall remain in the residence between the hours of 9:00 p.m. and 7:00 a.m. when the children are in the parent's care. 3 Duration The periods of possession ordered above apply to each child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. 4 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. 5 Termination of Orders The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of Tracey Kathleen Shanklin to Daniel Curtis Shanklin 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 Daniel Curtis Shanklin is obligated to pay and shall pay to Tracey Kathleen Shanklin child support of six hundred dollars ($600.00) per month, with the first FINAL DECREE OF DIVORCE PAGE 15 OF 43 payment being due and payable on January 1, 2016 and a like payment being due and payable on the Ist 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; 3 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 Code; or 5 any child's disabilities are otherwise removed for general purposes. - If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that Daniel Curtis Shanklin's obligation to pay child support to Tracey Kathleen Shanklin shall not terminate but shall continue for as long as the child is enrolled- 1 under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or 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. Withholding from Earnings IT IS ORDERED that any employer of Daniel Curtis Shanklin shall be ordered to FINAL DECREE OF DIVORCE PAGE 16 OF 43 withhold from earnings for child support from the disposable earnings of Daniel Curtis Shanklin for the support of S.L.S. and A.C.S.. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of Daniel Curtis Shanklin 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 decree 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 decree, the balance due remains an obligation of Daniel Curtis Shanklin, and it is hereby ORDERED that Daniel Curtis Shanklin 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 Tracey Kathleen Shanklin 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 Daniel Curtis Shanklin shall notify this Court and Tracey Kathleen Shanklin 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 ‘FINAL DECREE OF DIvoRCE. PAGE 17 OF 43 notice shall also provide the current address of Daniel Curtis Shanklin 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 IV-D agency, the friend of the Court, a domestic relations office, Tracey Kathleen Shanklin, Daniel Curtis Shanklin, or an attomey representing Tracey Kathleen Shanklin or Daniel Curtis Shanklin, 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 IT IS ORDERED that Tracey Kathleen Shanklin and Daniel Curtis Shanklin 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 Tracey Kathleen Shanklin and Daniel Curtis Shanklin to provide support for the child under sections 154.001 and 154.002 of the Texas Eamily Code. Beginning on the day Tracey Kathleen Shanklin and Daniel Curtis Shanklin'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 Tracey Kathleen Shanklin and Daniel Curtis Shanklin 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. 2. Definitionis - "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 FINAL DECREE OF DIVORCE PAGE 18 OF 43 Human Resources Code. "Reasonable cost" means the total cost of health insurance coverage for all children for which Daniel Curtis Shanklin is responsible under a medical support order that does not exceed 9 percent of Daniel Curtis Shanklin'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 incurred 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