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2/12/2019 3:18 PM
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-FM-18-007756 D-1-FM-18-007756
Yuriana Carbajal
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IN THE MATTER OF § IN THE DISTRICT COURT OF
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THE MARRIAGE OF §
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ADAM HERSH §
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AND § TRAVIS COUNTY, TEXAS
MELINDA HERSH §
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AND IN THE INTEREST OF §
OLIVIA HERSH, MINOR CHILD § 98th JUDICIAL DISTRICT
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MOTION TO MODIFY AND/OR CLARIFY ORDER, AND MOTION FOR
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ADDITIONAL TEMPORARY ORDERS
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COMES NOW, Petitioner, ADAM HERSH, and files this, his Motion to Modify and/or
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Clarify Order, and Motion for Additional Temporary Orders. In support thereof, ADAM HERSH
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I. Background
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This is a divorce suit filed on December 27, 2017, involving a minor child, age five (5). The
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parties have an Agreed Temporary Orders dated January 24, 2019, wherein the issues involving
conservatorship, and specifically the threat and danger posed to the child by MELINDA
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HERSH’s behavior including alcohol abuse and psychological instability, accompanied by erratic
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behavior, are significant issues being addressed in this case. A true and correct copy of the Agreed
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Temporary Orders is attached hereto as Exhibit A. MELINDA HERSH has a history of alcohol
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and substance abuse which has put the parties’ child in harm’s way.
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MELINDA HERSH has not been candid, or even consistent, in her reporting of and testing
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for alcohol use, and ADAM HERSH has concerns that she may be abusing other intoxicants or
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controlled substances based a series of incidents and behaviors. Additionally, these patterns of
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behavior are familiar and reminiscent of prior behaviors which accompanied previous relapses
regarding her substance abuse.
MELINDA HERSH has become increasingly irrational over the last few weeks. Her emails
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and texts to him have become more frequent and more threatening. ADAM HERSH has had to ask
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MELINDA HERSH multiple times to stop calling and texting him while he is at work. ADAM
HERSH believes that MELINDA HERSH’s assertions in this regard are a byproduct of both her
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past and present substance abuse issues and psychological co-morbidities.
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On information and belief, MELINDA HERSH had a motor vehicle accident on or about
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February 8, 2019. MELINDA HERSH did not notify ADAM HERSH of the accident, but he
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instead learned of the accident when the insurance company notified him that MELINDA HERSH
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had reported that he was driving the vehicle in MELINDA HERSH’s possession when the
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accident occurred. ADAM HERSH has requested
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regarding the motor vehicle accident, but MELINDA HERSH did not respond to ADAM
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HERSH’s inquiry regarding the accident. On February 9, 2019, MELINDA HERSH went to the
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marital residence to retrieve additional personal belongings. When ADAM HERSH attempted to
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photograph the damage to the vehicle for insurance purposes, she became enraged and drove off
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at a high-speed to prevent him from documenting the damage to the vehicle.
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Further, MELINDA HERSH has established a pattern of non-compliance and
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manipulation of the alcohol testing provisions in place for the protection of the parties’ child.
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Most recently, on February 10, 2019, while the child was at home with her, MELINDA HERSH
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was under court order to test using Soberlink at 11:00 p.m. but failed to do so until 12:31 a.m. on
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February 11, 2019. Fifteen minutes prior the scheduled Soberlink testing time at 10:45 p.m.,
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MELINDA HERSH received a notification text from Soberlink regarding the upcoming test due
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at 11:00 p.m. It took MELINDA HERSH one hour and forty-six minutes to complete the court
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ordered Soberlink test from the time she was first notified via text to do so.
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That morning of February 11, 2019, the parties child was due at school no later than 9:00
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a.m. The school informed ADAM HERSH that the child had not arrived at school. ADAM
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HERSH did not receive confirmation from the school that the child had arrived and was in class
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until approximately 9:45 a.m. Beginning shortly after 8:00 a.m., ADAM HERSH made numerous
attempts to reach MELINDA HERSH to ascertain the child’s whereabouts and why she was not
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timely attending school. ADAM HERSH did not receive a response from MELINDA HERSH to
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his attempts to telephone her and text her until after the child had been dropped off late for school.
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MELINDA HERSH has offered no explanation as to why the child was nearly one hour late for
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school.
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On January 24, 2019 the Court rendered the following order for MELINDA HERSH’s
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Soberlink testing:
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“Soberlink Testing by MELINDA HERSH
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The Court finds that the parties have agreed and IT IS ORDERED that as a condition of
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MELINDA HERSH’s periods of possession of the child, MELINDA HERSH shall submit to alcohol
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monitoring and testing via Soberlink. MELINDA HERSH IS ORDERED to pay all costs, fees, and
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expenses incurred regarding the Soberlink alcohol monitoring and testing.
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IT IS THEREFORE ORDERED that MELINDA HERSH shall submit Soberlink tests on the
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following schedule:
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1. Daily, at 8:00 a.m.;
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2. Daily, at 12:00 p.m.;
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3. Daily, at 5:00 p.m.; and
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4. Daily, at 11:00 p.m.
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MELINDA HERSH is ORDERED to sign and maintain in place all appropriate forms
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and/or other documents to ensure that Soberlink testing results are delivered in “real time” by
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email to her counsel, and to counsel for ADAM HERSH.
IT IS FURTHER ORDERED that a “positive” test shall be defined by the testing facility.
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A “missed test” is defined as when MELINDA HERSH fails to test within the time period required.
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IT IS ORDERED that a missed test or a refusal to test shall be considered a failed or “positive”
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test unless the missed test is due to circumstances not within MELINDA HERSH’s control and she
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provides proof of same within twenty-four (24) hours of the missed test. MELINDA HERSH shall
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be responsible for being within range of cellular phone connectivity at the time that she is required
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to test. IT IS ORDERED that in the event of a “positive”
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access to the child by MELINDA HERSH shall be suspended until further order of the Court or
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written agreement of the parties.”
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ADAM HERSH requests a modification and/or a clarification from the Court regarding the
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time frame for MELIDA HERSH’s compliant Soberlink testing set out in the Agreed Temporary
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Orders dated January 24, 2019. Specifically, ADAM HERSH requests that the Court order that
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MELINDA HERSH submit to testing using the Soberlink device within a thirty minute window,
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beginning at the times set forth in the Agreed Temporary Orders dated January 24, 2019 of 8:00
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a.m., 12 p.m., 5 p.m. and 11 p.m.
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III.
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In addition to the Soberlink testing ordered by the Court on January 24, 2019, in the Agreed
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Temporary Orders, ADAM HERSH requests that the Court make additional temporary orders
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requiring that MELINDA HERSH submit to random drug screening, with a baseline 17-panel nail
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and hair screen, and thereafter random 17-panel urinalysis (with a limit of detection cutoff)
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EXHIBIT
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Name: OLIVIA HERSH
Sex: Female
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Birth date: January 6, 2014
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Home state: Texas
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Conservatorship
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IT IS ORDERED that ADAM HERSH and MELINDA HERSH are appointed Temporary
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Joint Managing Conservators of the child.
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Rights at All Times
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IT IS ORDERED that, at all times, ADAM HERSH and MELINDA HERSH, as parent
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temporary joint managing conservators, shall each have the following rights:
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1. the right to receive information from any other conservator of the child concerning
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the health, education, and welfare of the child;
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2. the right to confer with the other parent to the extent possible before making a
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decision concerning the health, education, and welfare of the child;
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3. the right of access to medical, dental, psychological, and educational records of the
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child;
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4. the right to consult with a physician, dentist, or psychologist of the child;
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5. the right to consult with school officials concerning the child’s welfare and
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educational status, including school activities;
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6. the right to attend school activities;
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7. the right to be designated on the child’s records as a person to be notified in case of
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an emergency;
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8. the right to consent to medical, dental, and surgical treatment during an emergency
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involving an immediate danger to the health and safety of the child; and
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9. the right to manage the estate of the child to the extent the estate has been created
by the parent or the parent’s family.
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Duties at All Times
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IT IS ORDERED that, at all times, ADAM HERSH and MELINDA HERSH, as parent
IMMO and ITIO: Hersh 2
Agreed Temporary Orders
EXHIBIT A
temporary joint managing conservators, shall each have the following duties:
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1. the duty to inform the other conservator of the child in a timely manner of
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significant information concerning the health, education, and welfare of the
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child;
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2. the duty to inform the other conservator of the child if the conservator resides
with for at least thirty days, marries, or intends to marry a person who the
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conservator knows is registered as a sex offender under chapter 62 of the Texas
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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
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IS ORDERED that notice of this information shall be provided to the other
conservator of the child as soon as practicable, but not later than the fortieth
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day after the date the conservator of the child begins to reside with the person
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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
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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
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COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR
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IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
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3. the duty to inform the other conservator of the child if the conservator
establishes a residence with a person who the conservator knows is the subject
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of a final protective order sought by an individual other than the conservator
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that is in effect on the date the residence with the person is established. IT IS
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ORDERED that notice of this information shall be provided to the other
conservator of the child as soon as practicable, but not later than the thirtieth
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day after the date the conservator establishes residence with the person who is
the subject of the final protective order. WARNING: A CONSERVATOR
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COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR
IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
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4. the duty to inform the other conservator of the child if the conservator resides
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with, or allows unsupervised access to a child by, a person who is the subject
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of a final protective order sought by the conservator after the expiration of the
sixty-day period following the date the final protective order is issued. IT IS
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ORDERED that notice of this information shall be provided to the other
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conservator of the child as soon as practicable, but not later than the ninetieth
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day after the date the final protective order was issued. WARNING: A
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CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C
MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS
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NOTICE; and
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5. the duty to inform the other conservator of the child if the conservator is the
subject of a final protective order issued after the date of the order establishing
conservatorship. IT IS ORDERED that notice of this information shall be
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Agreed Temporary Orders
EXHIBIT A
provided to the other conservator of the child as soon as practicable, but not
later than the thirtieth day after the date the final protective order was issued.
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WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE
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AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO
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PROVIDE THIS NOTICE.
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Rights during Periods of Possession
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IT IS ORDERED that, during their respective periods of possession, ADAM HERSH and
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MELINDA HERSH, as parent temporary joint managing conservators, shall each have the
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following rights and duties:
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1. the duty of care, control, protection, and reasonable discipline of the child;
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2. the duty to support the child, including providing the child with clothing, food,
shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the child to ct
medical and dental care not involving an
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invasive procedure; and
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4. the right to direct the moral and religious training of the child.
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Rights Requiring Joint Concurrence
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IT IS ORDERED that ADAM HERSH and MELINDA HERSH, as parent temporary joint
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managing conservators, shall have the following rights and duty, subject to the agreement of the
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other parent conservator:
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1. the right, subject to the agreement of the other parent conservator, to consent to
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medical, dental, and surgical treatment involving invasive procedures;
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2. the right, subject to the agreement of the other parent conservator, to consent to
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psychiatric and psychological treatment of the child;
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3. the right, subject to the agreement of the other parent conservator, to represent the
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child in legal action and to make other decisions of substantial legal significance
concerning the child;
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4. the right, subject to the agreement of the other parent conservator, to consent to
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marriage and to enlistment in the armed forces of the United States;
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Agreed Temporary Orders
EXHIBIT A
5. the right, subject to the agreement of the other parent conservator, to make decisions
concerning the child’s education, subject to the provisions for the child’s preschool
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set out below;
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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
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child;
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7. except when a guardian of the child’s estate or a guardian or attorney ad litem has
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been appointed for the child, the right, subject to the agreement of the other parent
conservator, to act as an agent of the child in relation to the child’s estate if the
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child’s action is required by a state, the United States, or a foreign government; and
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8. the duty, subject to the agreement of the other parent conservator, to manage the
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estate of the child to the extent the estate has been created by community property
or the joint property of the parents.
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Geographic Restriction
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The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is
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the public policy of Texas to assure that children will have frequent and continuing contact with
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parents who have shown the ability to act in the best interest of the child, to provide a safe, stable,
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and nonviolent environment for the child, and to encourage parents to share in the rights and duties
of raising their child after the parents have separated or dissolved their marriage. IT IS ORDERED
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that the primary residence of the child shall be Austin, Travis County, Texas, and neither party
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shall remove the child from within the geographic boundaries of Austin, Travis County, Texas for
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the purpose of changing the primary residence of the child during the pendency of this case.
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Child’s Preschool
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The Court finds that the child has attended St. Martin’s Evangelical Lutheran Church
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Preschool, and IT IS ORDERED that the child shall continue to attend St. Martin’s Evangelical
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Lutheran Church Preschool, during the pendency of this suit.
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Possession of and Access to the Child
The Court finds that the following provisions of this Possession Order are intended to and
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Agreed Temporary Orders
EXHIBIT A
do comply with the requirements of the Texas Family Code. IT IS ORDERED that each
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conservator shall comply with all terms and conditions of this Possession Order. IT IS ORDERED
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that this Possession Order is effective immediately and applies to all periods of possession
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occurring on and after the date the Court signs this Possession Order. IT IS, THEREFORE,
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ORDERED:
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Definitions
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1. In this Possession Order, “school” means the presc
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2/12/2019 3:18 PM NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Velva L. Price District Clerk Travis County CAUSE NO. D-1-FM-18-007756 D-1-FM-18-007756 Yuriana Carbajal e IN THE MATTER OF § IN THE DISTRICT COURT OF ic THE MARRIAGE OF § Pr § ADAM HERSH § L. AND § TRAVIS COUNTY, TEXAS MELINDA HERSH § a § lv AND IN THE INTEREST OF § OLIVIA HERSH, MINOR CHILD § 98th JUDICIAL DISTRICT Ve MOTION TO MODIFY AND/OR CLARIFY ORDER, AND MOTION FOR k ADDITIONAL TEMPORARY ORDERS er COMES NOW, Petitioner, ADAM HERSH, and files this, his Motion to Modify and/or Cl Clarify Order, and Motion for Additional Temporary Orders. In support thereof, ADAM HERSH will show the Court as follows: ct tri is I. Background D This is a divorce suit filed on December 27, 2017, involving a minor child, age five (5). The . Co parties have an Agreed Temporary Orders dated January 24, 2019, wherein the issues involving conservatorship, and specifically the threat and danger posed to the child by MELINDA is av HERSH’s behavior including alcohol abuse and psychological instability, accompanied by erratic Tr behavior, are significant issues being addressed in this case. A true and correct copy of the Agreed y Temporary Orders is attached hereto as Exhibit A. MELINDA HERSH has a history of alcohol op and substance abuse which has put the parties’ child in harm’s way. c MELINDA HERSH has not been candid, or even consistent, in her reporting of and testing l ia for alcohol use, and ADAM HERSH has concerns that she may be abusing other intoxicants or fic controlled substances based a series of incidents and behaviors. Additionally, these patterns of of Un behavior are familiar and reminiscent of prior behaviors which accompanied previous relapses regarding her substance abuse. MELINDA HERSH has become increasingly irrational over the last few weeks. Her emails e and texts to him have become more frequent and more threatening. ADAM HERSH has had to ask ic Pr MELINDA HERSH multiple times to stop calling and texting him while he is at work. ADAM HERSH believes that MELINDA HERSH’s assertions in this regard are a byproduct of both her L. a past and present substance abuse issues and psychological co-morbidities. lv On information and belief, MELINDA HERSH had a motor vehicle accident on or about Ve February 8, 2019. MELINDA HERSH did not notify ADAM HERSH of the accident, but he k er instead learned of the accident when the insurance company notified him that MELINDA HERSH Cl had reported that he was driving the vehicle in MELINDA HERSH’s possession when the ct accident occurred. ADAM HERSH has requested tri information from MELINDA HERSH regarding the motor vehicle accident, but MELINDA HERSH did not respond to ADAM is HERSH’s inquiry regarding the accident. On February 9, 2019, MELINDA HERSH went to the D marital residence to retrieve additional personal belongings. When ADAM HERSH attempted to . Co photograph the damage to the vehicle for insurance purposes, she became enraged and drove off is at a high-speed to prevent him from documenting the damage to the vehicle. av Further, MELINDA HERSH has established a pattern of non-compliance and Tr manipulation of the alcohol testing provisions in place for the protection of the parties’ child. y op Most recently, on February 10, 2019, while the child was at home with her, MELINDA HERSH c was under court order to test using Soberlink at 11:00 p.m. but failed to do so until 12:31 a.m. on l ia February 11, 2019. Fifteen minutes prior the scheduled Soberlink testing time at 10:45 p.m., fic MELINDA HERSH received a notification text from Soberlink regarding the upcoming test due of at 11:00 p.m. It took MELINDA HERSH one hour and forty-six minutes to complete the court Un ordered Soberlink test from the time she was first notified via text to do so. 2 That morning of February 11, 2019, the parties child was due at school no later than 9:00 e a.m. The school informed ADAM HERSH that the child had not arrived at school. ADAM ic Pr HERSH did not receive confirmation from the school that the child had arrived and was in class L. until approximately 9:45 a.m. Beginning shortly after 8:00 a.m., ADAM HERSH made numerous attempts to reach MELINDA HERSH to ascertain the child’s whereabouts and why she was not a lv timely attending school. ADAM HERSH did not receive a response from MELINDA HERSH to Ve his attempts to telephone her and text her until after the child had been dropped off late for school. k er MELINDA HERSH has offered no explanation as to why the child was nearly one hour late for Cl school. ct II.tri On January 24, 2019 the Court rendered the following order for MELINDA HERSH’s is Soberlink testing: D “Soberlink Testing by MELINDA HERSH . Co The Court finds that the parties have agreed and IT IS ORDERED that as a condition of is MELINDA HERSH’s periods of possession of the child, MELINDA HERSH shall submit to alcohol av monitoring and testing via Soberlink. MELINDA HERSH IS ORDERED to pay all costs, fees, and Tr expenses incurred regarding the Soberlink alcohol monitoring and testing. y op IT IS THEREFORE ORDERED that MELINDA HERSH shall submit Soberlink tests on the c following schedule: l ia 1. Daily, at 8:00 a.m.; fic 2. Daily, at 12:00 p.m.; of 3. Daily, at 5:00 p.m.; and Un 4. Daily, at 11:00 p.m. 3 MELINDA HERSH is ORDERED to sign and maintain in place all appropriate forms e and/or other documents to ensure that Soberlink testing results are delivered in “real time” by ic Pr email to her counsel, and to counsel for ADAM HERSH. IT IS FURTHER ORDERED that a “positive” test shall be defined by the testing facility. L. A “missed test” is defined as when MELINDA HERSH fails to test within the time period required. a lv IT IS ORDERED that a missed test or a refusal to test shall be considered a failed or “positive” Ve test unless the missed test is due to circumstances not within MELINDA HERSH’s control and she k er provides proof of same within twenty-four (24) hours of the missed test. MELINDA HERSH shall Cl be responsible for being within range of cellular phone connectivity at the time that she is required ct to test. IT IS ORDERED that in the event of a “positive” tri test, all periods of possession of and access to the child by MELINDA HERSH shall be suspended until further order of the Court or is written agreement of the parties.” D ADAM HERSH requests a modification and/or a clarification from the Court regarding the . Co time frame for MELIDA HERSH’s compliant Soberlink testing set out in the Agreed Temporary is Orders dated January 24, 2019. Specifically, ADAM HERSH requests that the Court order that av MELINDA HERSH submit to testing using the Soberlink device within a thirty minute window, Tr beginning at the times set forth in the Agreed Temporary Orders dated January 24, 2019 of 8:00 y op a.m., 12 p.m., 5 p.m. and 11 p.m. c III. l ia In addition to the Soberlink testing ordered by the Court on January 24, 2019, in the Agreed fic Temporary Orders, ADAM HERSH requests that the Court make additional temporary orders of requiring that MELINDA HERSH submit to random drug screening, with a baseline 17-panel nail Un and hair screen, and thereafter random 17-panel urinalysis (with a limit of detection cutoff) 4 Un of fic ia l c op y Tr av is Co . D is tri ct Cl er k Ve lv a L. Pr ic e Un of fic ia l c op y Tr av is Co . D is tri ct Cl er k Ve lv a L. Pr ic e Un of fic ia l c op y Tr av is Co . D is EXHIBIT tri A ct Cl er k Ve lv a L. Pr ic e Name: OLIVIA HERSH Sex: Female e Birth date: January 6, 2014 ic Home state: Texas Pr Conservatorship L. IT IS ORDERED that ADAM HERSH and MELINDA HERSH are appointed Temporary a lv Joint Managing Conservators of the child. Ve Rights at All Times k IT IS ORDERED that, at all times, ADAM HERSH and MELINDA HERSH, as parent er temporary joint managing conservators, shall each have the following rights: Cl 1. the right to receive information from any other conservator of the child concerning ct the health, education, and welfare of the child; tri 2. the right to confer with the other parent to the extent possible before making a is decision concerning the health, education, and welfare of the child; D 3. the right of access to medical, dental, psychological, and educational records of the . child; Co 4. the right to consult with a physician, dentist, or psychologist of the child; is 5. the right to consult with school officials concerning the child’s welfare and av educational status, including school activities; Tr 6. the right to attend school activities; y 7. the right to be designated on the child’s records as a person to be notified in case of op an emergency; c 8. the right to consent to medical, dental, and surgical treatment during an emergency l involving an immediate danger to the health and safety of the child; and ia fic 9. the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family. of Duties at All Times Un IT IS ORDERED that, at all times, ADAM HERSH and MELINDA HERSH, as parent IMMO and ITIO: Hersh 2 Agreed Temporary Orders EXHIBIT A temporary joint managing conservators, shall each have the following duties: e 1. the duty to inform the other conservator of the child in a timely manner of ic significant information concerning the health, education, and welfare of the Pr child; L. 2. the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the a conservator knows is registered as a sex offender under chapter 62 of the Texas lv 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 Ve IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the fortieth k day after the date the conservator of the child begins to reside with the person er 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 Cl 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 ct COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR tri IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; is 3. the duty to inform the other conservator of the child if the conservator establishes a residence with a person who the conservator knows is the subject D of a final protective order sought by an individual other than the conservator . that is in effect on the date the residence with the person is established. IT IS Co ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the thirtieth is day after the date the conservator establishes residence with the person who is the subject of the final protective order. WARNING: A CONSERVATOR av COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; Tr 4. the duty to inform the other conservator of the child if the conservator resides y with, or allows unsupervised access to a child by, a person who is the subject op of a final protective order sought by the conservator after the expiration of the sixty-day period following the date the final protective order is issued. IT IS c ORDERED that notice of this information shall be provided to the other l conservator of the child as soon as practicable, but not later than the ninetieth ia day after the date the final protective order was issued. WARNING: A fic CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS of NOTICE; and Un 5. the duty to inform the other conservator of the child if the conservator is the subject of a final protective order issued after the date of the order establishing conservatorship. IT IS ORDERED that notice of this information shall be IMMO and ITIO: Hersh 3 Agreed Temporary Orders EXHIBIT A provided to the other conservator of the child as soon as practicable, but not later than the thirtieth day after the date the final protective order was issued. e WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE ic AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO Pr PROVIDE THIS NOTICE. L. Rights during Periods of Possession a IT IS ORDERED that, during their respective periods of possession, ADAM HERSH and lv MELINDA HERSH, as parent temporary joint managing conservators, shall each have the Ve following rights and duties: k er 1. the duty of care, control, protection, and reasonable discipline of the child; Cl 2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; 3. the right to consent for the child to ct medical and dental care not involving an tri invasive procedure; and is 4. the right to direct the moral and religious training of the child. . D Rights Requiring Joint Concurrence Co IT IS ORDERED that ADAM HERSH and MELINDA HERSH, as parent temporary joint is managing conservators, shall have the following rights and duty, subject to the agreement of the av other parent conservator: Tr 1. the right, subject to the agreement of the other parent conservator, to consent to y medical, dental, and surgical treatment involving invasive procedures; op 2. the right, subject to the agreement of the other parent conservator, to consent to c psychiatric and psychological treatment of the child; l ia 3. the right, subject to the agreement of the other parent conservator, to represent the fic child in legal action and to make other decisions of substantial legal significance concerning the child; of 4. the right, subject to the agreement of the other parent conservator, to consent to Un marriage and to enlistment in the armed forces of the United States; IMMO and ITIO: Hersh 4 Agreed Temporary Orders EXHIBIT A 5. the right, subject to the agreement of the other parent conservator, to make decisions concerning the child’s education, subject to the provisions for the child’s preschool e set out below; ic Pr 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 L. child; a 7. except when a guardian of the child’s estate or a guardian or attorney ad litem has lv been appointed for the child, the right, subject to the agreement of the other parent conservator, to act as an agent of the child in relation to the child’s estate if the Ve child’s action is required by a state, the United States, or a foreign government; and k 8. the duty, subject to the agreement of the other parent conservator, to manage the er estate of the child to the extent the estate has been created by community property or the joint property of the parents. Cl Geographic Restriction ct The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is tri is the public policy of Texas to assure that children will have frequent and continuing contact with D parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, . Co and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. IT IS ORDERED is av that the primary residence of the child shall be Austin, Travis County, Texas, and neither party Tr shall remove the child from within the geographic boundaries of Austin, Travis County, Texas for y the purpose of changing the primary residence of the child during the pendency of this case. op Child’s Preschool c The Court finds that the child has attended St. Martin’s Evangelical Lutheran Church l ia Preschool, and IT IS ORDERED that the child shall continue to attend St. Martin’s Evangelical fic Lutheran Church Preschool, during the pendency of this suit. of Un Possession of and Access to the Child The Court finds that the following provisions of this Possession Order are intended to and IMMO and ITIO: Hersh 5 Agreed Temporary Orders EXHIBIT A do comply with the requirements of the Texas Family Code. IT IS ORDERED that each e conservator shall comply with all terms and conditions of this Possession Order. IT IS ORDERED ic Pr that this Possession Order is effective immediately and applies to all periods of possession L. occurring on and after the date the Court signs this Possession Order. IT IS, THEREFORE, a ORDERED: lv Definitions Ve 1. In this Possession Order, “school” means the presc