Preview
233-623981-17 FILED
TARRANT COUNTY
3/8/2019 10:26 AM
THOMAS A. WILDER
DISTRICT CLERK
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
CAUSE NO. 233-623981-17
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
SONIA PALOMINOS
AND 233RD JUDICIAL DISTRICT
ISMAEL OROSCO PALOMINOS
AND IN THE INTEREST OF
ALEXA NICOLE PALOMINOS,
A CHILD TARRANT COUNTY, TEXAS
REFORMED AGREED FINAL DECREE OF DIVORCE
On the Court heard this case.
Appearances
Petitioner, SONIA PALOMINOS, appeared in person and through attorney of record,
Elizabeth Parmer, and has agreed to the terms of this Agreed Final Decree of Divorce as evidenced
byPetitioner's signature below.
Respondent, ISMAEL OROSCO PALOMINOS, appeared in person and through attorney of
record, Richard C. Kline, and has agreed to the terms of this Agreed Final Decree of Divorce as
evidenced by Respondent’s signature below.
Record
The making of a record of testimony was waived by the parties with the consent of the
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,
233-623981-17 ITMOTMO Palominos 1
Reformed Agreed Final Decree of Divorce
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 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 of law 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 enforceable as a contract. The Court
approves the agreement of the parties as contained in this Agreed Final Decree of Divorce.
The agreements in this Agreed Final Decree of Divorce were teached in mediation with
Bob Bowland on July 10, 2018, and by the parties through subsequent informal settlement
negotiations. This Agreed Final Decree of Divorce is stipulated to represent a merger of the
mediated settlement agreement and informal settlement agreement between the parties. To the
extent there exist any differences between the mediated settlement agreement and informal
settlement agreement, and this Agreed Final Decree of Divorce, this Agreed Final Decree of
Divorce shall control in all instances.
Divorce
IT IS ORDERED AND DECREED that SONIA PALOMINOS, Petitioner, and ISMAEL
OROSCO PALOMINOS, Respondent, are divorced and that the marriage between them is
233-623981-17 ITMOTMO Palominos
Reformed Agreed Final Decree of Divorce
dissolved on the grounds of insupportability.
Child of the Marriage
The Court finds that Petitioner and Respondent are the parents of the following child:
Name: Alexa Nicole Palominos
Sex: Female
Birth date: 08/25/2015
Social Security Number: Withheld
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 conservatorship, possession,
support, and optimizing the development of a close and continuing relationship between each party
and the child constitute the parties' agreed parenting plan.
Best Interest of the Child
The Court, having considered the circumstances of the parents and of the child finds that
the following orders are in the best interest of the child.
Conservatorship
IT IS ORDERED that SONIA PALOMINOS and ISMAEL OROSCO PALOMINOS are
appointed Joint Managing Conservators of the following child: Alexa Nicole Palominos.
IT IS ORDERED that, at all times, SONJA PALOMINOS, as a parent joint managing
conservator, and that ISMAEL OROSCO PALOMINOS, as a parent joint managing conservator,
shall each have the following rights:
1 ihe right to receive information from any other conservator of the child concerning
the health, education, and welfare of the child;
2, the right to confer with the other conservator to the extent possible before making
a decision concerning the health, education, and welfare of the child;
233-62398 1-17 ITMOTMO Palominos
Reformed Agreed Final Decree of Divorce
3 the right of access to medical, dental, psychological, and educational records of the
child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5 the right to consult with school officials concerning the child's welfare and
educational status, including school activities;
6 the right to attend school activities;
7
the right to be designated on the child'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 child; and
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.
IT IS ORDERED that, at all times, SONJA PALOMINOS and ISMAEL OROSCO
PALOMINOS, as parent joint managing conservators, shall each have the following duties:
1 the duty to inform the other conservator of the child in a timely manner of
significant information concerning the health, education, and welfare of the child;
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 conservator knows is
registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is
currently charged with an offense for which on conviction the person would be required to register
under that chapter. IT IS ORDERED that notice of this information shall be provided to the other
conservator of the child as soon as practicable, but not later than the fortieth day after the date the
conservator of the child begins to reside with the person or on the tenth day after the date the
marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of
the offense that is the basis of the person's requirement to register as a sex offender or of the offense
with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE
PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO
PROVIDE THIS NOTICE;
3 the duty to inform the other conservator of the child if the conservator establishes
a residence with a person who the conservator knows is the subject of a final protective order
sought by an individual other than the conservator that is in effect on the date the residence with
the person is established. IT IS ORDERED that notice of this information shall be provided to the
other conservator of the child as soon as practicable, but not later than the thirtieth day after the
date the conservator establishes residence with the person who is the subject of the final protective
order, WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A
233-623981-17 ITMOTMO Palominos 4
Reformed Agreed Final Decree of Divorce
CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
4 the duty to inform the other conservator of the child if the conservator resides with,
or allows unsupervised access to a child by, a person who is the subject of a final protective order
sought by the conservator after the expiration of sixty-day period following the date the final
protective order is issued. IT IS ORDERED that notice of this information shall be provided to
the other conservator of the child as soon as practicable, but not later than the ninetieth day after
the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN
OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS
TO PROVIDE THIS NOTICE; and
5 the duty to inform the other conservator of the 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 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. 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 their respective periods of possession, SONIA PALOMINOS,
as parent joint managing conservator, and SMAEL OROSCO PALOMINOS as a parent joint
managing conservator, shall each have the following rights and duties:
1 the duty of care, control, protection, and reasonable discipline of the child;
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 medical and dental care not involving an
invasive procedure; and
4 the right to direct the moral and religious training of the child.
IT IS ORDERED that SONIA PALOMINOS, as a parent joint managing conservator, shall
have the following rights and duty:
1 the exclusive right to: designate the primary residence of the child within
TARRANT COUNTY, TEXAS;
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
child;
233-623981-17 ITMOTMO Palominos
Reformed Agreed Final Decree of Divorce
4 the exclusive right to receive and give receipt for periodic payments for the support
of the child and to hold or disburse these funds for the benefit of the child;
5 the independent right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child;
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 child'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 child;
9 except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the independent right to act as an agent of the child in relation to the
child's estate if the child's action is required by a state, the United States, or a foreign government;
and
10. the independent duty to manage the estate of the child to the extent the estate has
been created by community property or the joint property of the parent.
IT IS ORDERED that ISMAEL OROSCO PALOMINOS, as a parent joint managing
conservator, shall have the following rights and duties:
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
child;
3 the duty to make periodic child support payments;
4 the independent right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child;
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 child'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 child;
233-623981-17 ITMOTMO Palominos
Reformed Agreed Final Decree of Divorce
8 except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the independent right to act as an agent of the child in relation to the
child's estate if the child's action is required by a state, the United States, or a foreign government;
9 the independent duty to manage the estate of the child to the extent the estate has
been created by community property or the joint property of the parents.
Residential Geographic Restriction
The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is
the public policy of Texas to assure that children will have frequent and continuing contact with
parents who have shown the ability to act in the best interest of the child, to provide a safe, stable,
and nonviolent environment for the child, and to encourage parents to share in the rights and duties
of raising their child after the parents have separated or dissolved their marriage. IT IS ORDERED
that the primary residence of the child shall be TARRANT COUNTY, TEXAS, and the parties
shall not remove the child from Tarrant County, Texas for the purpose of changing the primary
residence of the child until modified by further order of the court of continuing jurisdiction or by
written agreement signed by the parties and filed with the court.
IT IS FURTHER ORDERED that SONIA PALOMINOS shall have the exclusive right to
designate the child's primary residence within Tarrant County, Texas.
IT IS FURTHER ORDERED that this geographic restriction on the residence of the child
shall be lifted if, at the time SONIA PALOMINOS wishes to remove the child from Tarrant County,
Texas for the purpose of changing the primary residence of the child, ISMAEL OROSCO
PALOMINOS does not reside in Tarrant County, Texas.
Possession and Access
The parties agree and IT IS ORDERED that the conservators shall have possession
of the child at all times and places mutually agreed to in advance, and in the absence of
mutual agreement, IT IS ORDERED that the conservators shall have possession of the
233-623981-17 ITMOTMO Palominos 7
Reformed Agreed Final Decree of Divorce
child in accordance with the following modified possession schedule.
Modified Possession Schedule
The parties agree and IT IS ORDERED that each party shall comply with all terms
and conditions of this Modified Possession Schedule. IT IS ORDERED that this Modified
Possession Schedule is effective immediately and applies to all periods of possession
oceurring on and after the date the Court signs this Agreed Final Decree of Divorce.
IT IS THEREFORE ORDERED:
Modified Possession Order
(a) Definitions
1 In this Modified Possession Order "school" means the elementary
or secondary school in which the child is enrolled or, if the child is not enrolled in
an elementary or secondary school, the public school district in which the child
primarily resides.
2 In this Modified Possession Order "child" includes each child,
whether one or more, who is a subject of this suit while that child is under the age
of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
IT 18S 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 Modified Possession Order.
() Parents Who Reside 100 Miles or Less Apart
Except as otherwise expressly provided in this Modified Possession Order,
when ISMAEL OROSCO PALOMINOS tesides 100 miles or less from the primary
residence of the child, JSMAEL OROSCO PALOMINOS shall have the right to
possession of the child as follows:
1 Weekends — every other weekend beginning at the time the child’s
school is regularly dismissed on every other Friday and ending at the time the
child’s school resumes the following Monday.
2. Mondays and Tuesdays — every week beginning at the time the
233-623981-17 ITMOTMO Palominos 8
Reformed Agreed Final Decree of Divorce
child’s school is regularly dismissed on Monday and ending at the time the child’s
schoo! resumes on the following Wednesday.
3 Spring Vacation in Even-Numbered Years - In even-numbered
years, beginning the time the child’s school is regularly dismissed for the spring
vacation and ending at the time the child’s school resumes after that vacation.
4 Summer —
The parties agree and IT IS ORDERED that summer possession of
ISMAEL OROSCO PALOMINOS shall be as follows:
a. Extended Summer Possession in Odd-numbered Years — If ISMAEL
OROSCO PALOMINOS gives SONIA PALOMINOS written notice by
April 1 of an odd-numbered year specifying an extended period or
periods of possession for that year, ISMAEL OROSCO PALOMINOS
shall have possession of the child for seven consecutive days as
specified in the written notice 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. These periods of possession shall begin and end
at 6:00 p.m.
Without Written Notice by April 1 in Odd-numbered years - If ISM4EL
OROSCO PALOMINOS does not give SONIA PALOMINOS written
notice by April 1 of an odd-numbered year specifying an extended
period or periods of possession for that year, ISMAEL OROSCO
PALOMINOS shall have possession of the child for seven consecutive
days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00
p.m. on July 8 of that year.
Extended Summer Possession in Even-numbered Years — If ISMAEL
OROSCO PALOMINOS gives SONIA PALOMINOS written notice by
April 15 of an even-numbered year specifying an extended period or
periods of possession for that year, ISMAEL OROSCO PALOMINOS
shall have possession of the child for seven consecutive days as
specified in the written notice 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
yacation in that year, provided the period or periods of extended summer
possession do not interfere with SONIA PALOMINOS'’s period of
extended summer possession in that year. These periods of possession
shall begin and end at 6:00 p.m.
Without Written Notice by April 15 in Even-numbered years - If
ISMAEL OROSCO PALOMINOS does not give SONIA PALOMINOS
233-623981-17 ITMOTMO Palominos 9
Reformed Agreed Final Decree of Divorce
written notice by April 15 of an even-numbered year specifying an
extended period or periods of possession for that year, ISMAKL
OROSCO PALOMINOS shall have possession of the child for seven
consecutive days in that year beginning at 6:00 p.m. on July 15 and
ending at 6:00 p.m. on July 22 of that year.
Notwithstanding the Weekend and Weekday periods of possession
ORDERED for SMAEL OROSCO PALOMINOS, it is expressly ORDERED that
SONIA PALOMINOS shall have a superior right of possession of the child as
follows:
1 Weekends — every other weekend beginning at the time the child’s
school is regularly dismissed on every other Friday and ending at the time the
child’s school resumes the following Monday.
2. Wednesdays and Thursdays — every week beginning at the time the
child’s school is regularly dismissed on Wednesday and ending at the time the
child’s school resumes on the following Friday.
3 Spring Vacation in Even-Numbered Years - In even-numbered
years, beginning at the time the child’s school is regularly dismissed for spring
vacation and ending at the time the child’s school resumes after that vacation.
4 Summer —
The parties agree and IT IS ORDERED that summer possession of
ISMAEL OROSCO PALOMINOS shall be as follows:
a. Extended Summer Possession in Even-numbered Years ~ If SONJA
PALOMINOS gives ISMAEL OROSCO PALOMINOS written notice by
April 1 of an even-numbered year specifying an extended period or
periods of possession for that year, SONIA PALOMINOS shall have
possession of the child for seven consecutive days as specified in the
written notice 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, provided the period or periods of extended summer possession do
not interfere with ISMAEL OROSCO PALOMINOS’s Father’s Day
possession. These periods of possession shall begin and end at 6:00
p.m.
233-623981-17 ITMOTMO Palominos 10
Reformed Agreed Final Decree of Divorce
b. Without Written Notice by April 1 in Even-numbered years - If SONIA
PALOMINOS does not give ISMAEL OROSCO PALOMINOS written
notice by April 1 of an even-numbered year specifying an extended
period or periods of possession for that year, SONA PALOMINOS shall
have possession of the child for seven consecutive days in that year
beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 8 of
that year.
Extended Summer Possession in Odd-numbered Years - If SONI4
PALOMINOS gives ISMAEL OROSCO PALOMINOS written notice by
April 15 of an odd-numbered year specifying an extended period or
periods of possession for that year, SONJA PALOMINOS shall have
possession of the child for seven consecutive days as specified in the
written notice 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, provided the period or periods of extended summer possession do
not interfere with ISMAEL OROSCO PALOMINOS’s period of
extended summer possession or Father’s Day possession in that year.
These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by April 15 in odd-numbered years - If SONIA
PALOMINOS does not give ISMAEL OROSCO PALOMINOS written
notice by April 15 of an even-numbered year specifying an extended
period or periods of possession for that year, SONIA PALOMINOS shall
have possession of the child for seven consecutive days in that year
beginning at 6:00 p.m. on July 15 and ending at 6:00 p.m. on July 22 of
that year.
(d) Parents Who Reside More Than 100 Miles Apart
Except as otherwise expressly provided in this Modified Possession Order,
when ISMAEL OROSCO PALOMINOS resides more than 100 miles from the
residence of the children, ISMAEL OROSCO PALOMINOS shall have the right to
possession of the children as follows:
1 Weekends - Unless ISMAEL OROSCO PALOMINOS elects the
alternative period of weekend possession described in the next paragraph, JSMAEL
OROSCO PALOMINOS shall have the right to possession of the child on weekends
that occur during the regular school term beginning at the time the child’s school is
regularly dismissed on the first, third, and fifth Friday of each month and ending at
the time the child’s school resumes after the weekend, and on weekends that do not
oceur during the regular school term, beginning at the time the child’s school is
233-62398 1-17 ITMOTMO Palominos 11
Reformed Agreed Final Decree of Divorce
regularly dismissed on the first, third and fifth Friday of each month and ending at
the time the child’s school resumes after the weekend.
Alternate Weekend Possession - In lieu of the weekend possession
described in the foregoing paragraph, JSMMA4EL OROSCO PALOMINOS shall have
the right to possession of the child not more than one weekend per month of
ISMAEL OROSCO PALOMINOS's choice beginning at the time the child’s school
is regularly dismissed and ending at the time the child’s school resumes after the
weekend. ISMAEL OROSCO PALOMINOS may elect an option for this alternative
period of weekend possession by giving written notice to SONL4 PALOMINOS
within ninety days after the parties begin to reside more than 100 miles apart. If
ISMAEL OROSCO PALOMINOS makes this election, ISMAEL OROSCO
PALOMINOS shall give SONIA PALOMINOS 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, or
Mother's Day possessions below.
2 Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Modified Possession Order,
if a weekend period of possession by JSMAEL OROSCO PALOMINOS 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 Thursday.
Except as otherwise expressly provided in this Modified Possession Order,
if a weekend period of possession by ISMAEL OROSCO PALOMINOS ends on or
is immediately followed by a student holiday or a teacher in-service day that fails
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 the time the
child’s school is regularly dismissed for spring vacation and ending at 6:00 p.m. on
the day before school resumes after that vacation.
4 Summer —
The parties agree and IT IS ORDERED that ISMAEL OROSCO
PALOMINOS shall have possession of the child for a period of sixty days beginning
no earlier than the day after the child’s schoo! 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.
233-623981-17 ITMOTMO Palominos 12
Reformed Agreed Final Decree of Divorce
(e) Holidays Unaffected by Distance
Notwithstanding the weekend and weekday periods of possession of
ISMAEL OROSCO PALOMINOS, ISMAEL OROSCO PALOMINOS and SONIA
PALOMINOS shall have the right to possession of the children as follows:
1 Christmas Holidays in Even-Numbered Years - In even-numbered
years, ISMAEL OROSCO PALOMINOS shalt have the right to possession of the
child beginning at the time the child’s school is regularly dismissed for the
Christmas school vacation and ending at noon on December 28, and SONIA
PALOMINOS shall have the right to possession of the child beginning at noon on
December 28 and ending at the time school resumes after that Christmas school
vacation.
2 Christmas Holidays in Odd-Numbered Years - In odd-numbered
years, SONIA PALOMINOS shal! have the right to possession of the child beginning
at the time the child’s school is regularly dismissed for the Christmas school
vacation and ending at noon on December 28, and ISMAEL OROSCO
PALOMINOS shalt have the right to possession of the child beginning at noon on
December 28 and ending at the time school resumes after that Christmas school
vacation.
3 Thanksgiving in Odd-Numbered Years - In odd-numbered years,
ISMAEL OROSCO PALOMINOS shall have the right to possession of the child
beginning at the time the child’s school is regularly dismissed for the Thanksgiving
holiday and ending at the time school resumes following the Thanksgiving holiday.
4 Thanksgiving in Even-Numbered Years - In even-numbered years,
SONIA PALOMINOS shall have the right to possession of the child beginning at
the time the child’s school is regularly dismissed for the Thanksgiving holiday and
ending at the time school resumes following the Thanksgiving holiday.
5 Child's Birthday - If a parent is not otherwise entitled under this
Standard Possession Order to present possession of the 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 - ISMAEL OROSCO PALOMINOS shall have the right
to possession of the child each year, beginning at 8:00 a.m. on Father's Day and
ending at 8:00 p.m. on Father’s Day, provided that if ISMAEL OROSCO
PALOMINOS is not otherwise entitled under this Modified Possession Order to
present possession of the child, he shall pick up the child from the 7-Eleven located
at 9401 White Settlement Road, Fort Worth, Texas 76108 and return the child to
233-623981-17 ITMOTMO Palominos 13
Reformed Agreed Final Decree of Divorce
that same place.
7 Mother's Day - SONIA PALOMINOS shall have the right to
possession of the child each year, beginning at 8:00 a.m, on Mother's Day and
ending at 8:00 p.m. on Mother’s Day, provided that if SONIA PALOMINOS is not
otherwise entitled under this Modified Possession Order to present possession of
the child, she shall pick up the child from the 7-Eleven located at 9401 White
Settlement Road, Fort Worth, Texas 76108 and return the child to that same place.
® Undesignated Periods of Possession
SONIA PALOMINOS shall have the right of possession of the children at all
other times not specifically designated in this Modified Possession Order for
ISMAEL OROSCO PALOMINOS.
) General Terms and Conditions
Except as otherwise expressly provided in this Modified 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 SONIA PALOMINOS - SONIA PALOMINOS
is ORDERED to surrender the child to ISM4EL OROSCO PALOMINOS at the
beginning of each period of ISMAEL OROSCO PALOMINOS's possession at the 7-
Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108.
Ifa period of possession by ISMAEL OROSCO PALOMINOS begins at the
time the child’s school is regularly dismissed, SONJA PALOMINOS is ORDERED
to surrender the child to ISMAEL OROSCO PALOMINOS at the beginning of each
such period of possession at the school in which the child is enrolled. If the child
is not in school, ISMAEL OROSCO PALOMINOS shall pick up the child at the 7-
Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108 at 6:00
p.m., and SONIA PALOMINOS is ORDERED to surrender the child to ISMAEL
OROSCO PALOMINOS at the 7-Eleven located at 940] White Settlement Road,
Fort Worth, Texas 76108 at 6:00 p.m. under these circumstances.
2. Return of Child by ISMAEL OROSCO PALOMINOS - ISMAEL
OROSCO PALOMINOS is ORDERED to return the child to SONIA PALOMINOS,
if SONIA PALOMINOS is entitled to possession of the child, at the end of each of
ISMAEL OROSCO PALOMINOS's exclusive periods of possession, at the place
designated in this Modified Possession Order. However, IT IS ORDERED that, if
SONIA PALOMINOS and ISMAEL OROSCO PALOMINOS live in the same county
at the time of the rendition of this order, SM@AEL OROSCO PALOMINOS’s county
of residence remains the same after the rendition of this order, and SONIA
233-62398 1-17 ITMOTMO Palominos 14
Reformed Agreed Final Decree of Divorce
PALOMINOS’s county of residence changes, effective on the date of the change of
residence of SONIA PALOMINOS, ISMAEL OROSCO PALOMINOS shall
surrender the child to SONIA PALOMINOS at the 7-Eleven located at 9401 White
Settlement Road, Fort Worth, Texas 76108 at the end of each period of possession.
If a period of possession by ISMAEL OROSCO PALOMINOS ends at the
time the child’s school resumes, JSMAEL OROSCO PALOMINOS is ORDERED
to return the child to SONJA PALOMINOS at the end of each period of possession
at the school in which the child is enrolled or, if the child is not in school, at the 7-
Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108.
3 Surrender of Child by ISMAEL OROSCO PALOMINOS - ISMAEL
OROSCO PALOMINOS is ORDERED to surrender the child to SONIA
PALOMINOS at the beginning of each of SONJA PALOMINOS'’s periods of
possession at the 7-Eleven located at 9401 White Settlement Road, Fort Worth,
Texas 76108,
4. Return of Child by SONIA PALOMINOS - SONIA PALOMINOS is
ORDERED to return the child to SMAEL OROSCO PALOMINOS, if ISMAEL
OROSCO PALOMINOS is entitled to possession of the child, at the end of each of
SONIA PALOMINOS’s exclusive periods of possession, at the place designated in
this Modified 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 return the child, as applicable. IT IS ORDERED
that a conservator or a designated competent adult be present when the child is
picked up or returned.
7 Inability to Exercise Possession - Each conservator is ORDERED to
give notice to the person in possession of the child on each occasion that the
conservator will be unable to exercise that conservator's right of possession for any
specified period.
8 Written Notice - Written notice, including notice provided by
electronic mail or facsimile, shall be deemed to have been timely made if received
or, if applicable, postmarked before or at the time that notice is due, Each
conservator is ORDERED to notify the other conservator of any change in the
conservator's electronic mail address or facsimile number within twenty-four hours
after the change.
9. Notice to School and SONJA PALOMINOS - If ISMAEL OROSCO
PALOMINOS's time of possession of the child ends at the time school resumes and
233-623981-17 ITMOTMO Palominos 15
Reformed Agreed Final Decree of Divorce
for any reason the child is not or will not be returned to school, ISMAEL OROSCO
PALOMINOS shall immediately notify the school SONIA PALOMINOS that the
child will not be or has not been returned to school.
Duration
The periods of possession ordered above apply to the child the subject of this suit
while the child is under the age of eighteen years and not otherwise emancipated.
Noninterference with Possession
Except as expressly provided herein, IT IS ORDERED that neither conservator
shall take possession of the child 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.
Child Support
IT IS ORDERED that JSM4EL OROSCO PALOMINOS is obligated to pay and shall pay
to SONIA PALOMINOS for the support of Alexa Palominos child support of ONE THOUSAND
dollars ($1,000.00) per month, with the first payment being due and payable on August 1, 2018
and a like payment of ONE THOUSAND dollars ($1,000.00) being due and payable on the first
day of each month thereafter until the first month following the date of the earliest occurrence of
one of the events specified below:
I the child reaches the age of eighteen years or graduates from high school,
whichever occurs later, subject to the provisions for support beyond the age of eighteen years set
out below;
2. the child marries;
3 the child dies;
4 the child enlists in the armed forces of the United States and begins active service
as defined by section 101 of title 10 of the United States Code; or
233-62398 1-17 ITMOTMO Palominos 16
Reformed Agreed Final Decree of Divorce
5 the child's disabilities are otherwise removed for general purposes.
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that JISMAEL OROSCO PALOMINOS's obligation to pay child support to SONIA
PALOMINOS 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 Earning:
IT IS ORDERED that any employer of ISMAEL OROSCO PALOMINOS shall be ordered
to withhold the child support payments ordered in this decree from the disposable earnings of
ISMAEL OROSCO PALOMINOS for the support of Alexa Palominos.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
ISMAEL OROSCO PALOMINOS 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 One Hundred (100%) percent of the amount ordered to be
paid by this decree, the balance due remains an obligation of ISMAEL OROSCO PALOMINOS,
and it is hereby ORDERED that [SMAEL OROSCO PALOMINOS pay the balance due directly to
233-62398 1-17 ITMOTMO Palominos 17
Reformed Agreed Final Decree of Divorce
the state disbursement unit specified below.
On this date the Court signed an Income Withholding for Support.
Payment
ISMAEL OROSCO PALOMINOS is ORDERED to make all payments for child support to
the Texas Child Support State Disbursement Unit, P,O. Box 659791, San Antonio, Texas 78265-
9791, and to include the cause number and obligee’s name on the check or money order.
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 SONIA PALOMINOS for the support of the child.
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 ISMAEL OROSCO PALOMINOS shall notify this Court
and SONIA PALOMINOS by U.S. certified mail, return receipt requested, of any change of address
and of any termination of employment. This notice shall be given no later than seven days after
the change of address or the termination of employment. ‘This notice or a subsequent notice shall
also provide the current address of ISMAEL OROSCO PALOMINOS 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 tile IV-D agency, the
friend of the Court, a domestic relations office, SONIA PALOMINOS, ISMAEL OROSCO
PALOMINOS, or an attorney representing SONIA PALOMINOS or ISMAEL OROSCO
PALOMINOS, the clerk of this Court shall cause a certified copy of the Income Withholding for
233-62398 1-17 ITMOTMO Palominos 18
Reformed Agreed Final Decree of Divorce
Support to be delivered to any employer.
Health Care
1 IT IS ORDERED that ISMAEL OROSCO PALOMINOS and SONIA PALOMINOS
shall each provide medical support and health care insurance coverage for the child as set out in
this order as additional child support for as long as the Court may order SMAEL OROSCO
PALOMINOS and SONIA PALOMINOS to provide support for the child under sections 154,001
and 154.002 of the Texas Family Code. Beginning on the day ISM4EL OROSCO PALOMINOS
and SONIA PALOMINOS's actual or potential obligation to support the child under sections
154.001 and 154,002 of the Family Code terminates, IT IS ORDERED that ISM4EL OROSCO
PALOMINOS and SONIA PALOMINOS 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 Definitions -
"Health Insurance" means insurance coverage that provides basic health-care services,
(vision and dental services if included in basic health-insurance coverage available to obligee
and/or obligor) including usual physician services, office visits, hospitalization, and laboratory, X-
ray, and emergency services, that may be provided through a health maintenance organization or
other private or public organization, other than medical assistance under chapter 32 of the Texas
Human Resources Code.
"Reasonable cost" means the cost of health insurance coverage for a child that does not
exceed 9 percent of Obligor's annual resources, as described by section 154.062(b) of the Texas
Family Code,
"Reasonable and necessary health-care expenses not pai
Preview
233-623981-17 FILED TARRANT COUNTY 3/8/2019 10:26 AM THOMAS A. WILDER DISTRICT CLERK NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA CAUSE NO. 233-623981-17 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF SONIA PALOMINOS AND 233RD JUDICIAL DISTRICT ISMAEL OROSCO PALOMINOS AND IN THE INTEREST OF ALEXA NICOLE PALOMINOS, A CHILD TARRANT COUNTY, TEXAS REFORMED AGREED FINAL DECREE OF DIVORCE On the Court heard this case. Appearances Petitioner, SONIA PALOMINOS, appeared in person and through attorney of record, Elizabeth Parmer, and has agreed to the terms of this Agreed Final Decree of Divorce as evidenced byPetitioner's signature below. Respondent, ISMAEL OROSCO PALOMINOS, appeared in person and through attorney of record, Richard C. Kline, and has agreed to the terms of this Agreed Final Decree of Divorce as evidenced by Respondent’s signature below. Record The making of a record of testimony was waived by the parties with the consent of the 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, 233-623981-17 ITMOTMO Palominos 1 Reformed Agreed Final Decree of Divorce 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 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 of law 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 enforceable as a contract. The Court approves the agreement of the parties as contained in this Agreed Final Decree of Divorce. The agreements in this Agreed Final Decree of Divorce were teached in mediation with Bob Bowland on July 10, 2018, and by the parties through subsequent informal settlement negotiations. This Agreed Final Decree of Divorce is stipulated to represent a merger of the mediated settlement agreement and informal settlement agreement between the parties. To the extent there exist any differences between the mediated settlement agreement and informal settlement agreement, and this Agreed Final Decree of Divorce, this Agreed Final Decree of Divorce shall control in all instances. Divorce IT IS ORDERED AND DECREED that SONIA PALOMINOS, Petitioner, and ISMAEL OROSCO PALOMINOS, Respondent, are divorced and that the marriage between them is 233-623981-17 ITMOTMO Palominos Reformed Agreed Final Decree of Divorce dissolved on the grounds of insupportability. Child of the Marriage The Court finds that Petitioner and Respondent are the parents of the following child: Name: Alexa Nicole Palominos Sex: Female Birth date: 08/25/2015 Social Security Number: Withheld 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 conservatorship, possession, support, and optimizing the development of a close and continuing relationship between each party and the child constitute the parties' agreed parenting plan. Best Interest of the Child The Court, having considered the circumstances of the parents and of the child finds that the following orders are in the best interest of the child. Conservatorship IT IS ORDERED that SONIA PALOMINOS and ISMAEL OROSCO PALOMINOS are appointed Joint Managing Conservators of the following child: Alexa Nicole Palominos. IT IS ORDERED that, at all times, SONJA PALOMINOS, as a parent joint managing conservator, and that ISMAEL OROSCO PALOMINOS, as a parent joint managing conservator, shall each have the following rights: 1 ihe right to receive information from any other conservator of the child concerning the health, education, and welfare of the child; 2, the right to confer with the other conservator to the extent possible before making a decision concerning the health, education, and welfare of the child; 233-62398 1-17 ITMOTMO Palominos Reformed Agreed Final Decree of Divorce 3 the right of access to medical, dental, psychological, and educational records of the child; 4. the right to consult with a physician, dentist, or psychologist of the child; 5 the right to consult with school officials concerning the child's welfare and educational status, including school activities; 6 the right to attend school activities; 7 the right to be designated on the child'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 child; and 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. IT IS ORDERED that, at all times, SONJA PALOMINOS and ISMAEL OROSCO PALOMINOS, as parent joint managing conservators, shall each have the following duties: 1 the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; 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 conservator knows is registered as a sex offender under chapter 62 of the Texas Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; 3 the duty to inform the other conservator of the child if the conservator establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the thirtieth day after the date the conservator establishes residence with the person who is the subject of the final protective order, WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A 233-623981-17 ITMOTMO Palominos 4 Reformed Agreed Final Decree of Divorce CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; 4 the duty to inform the other conservator of the child if the conservator resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of sixty-day period following the date the final protective order is issued. IT IS ORDERED that notice of this information shall be provided to the other conservator of the child as soon as practicable, but not later than the ninetieth day after the date the final protective order was issued. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and 5 the duty to inform the other conservator of the 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 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. 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 their respective periods of possession, SONIA PALOMINOS, as parent joint managing conservator, and SMAEL OROSCO PALOMINOS as a parent joint managing conservator, shall each have the following rights and duties: 1 the duty of care, control, protection, and reasonable discipline of the child; 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 medical and dental care not involving an invasive procedure; and 4 the right to direct the moral and religious training of the child. IT IS ORDERED that SONIA PALOMINOS, as a parent joint managing conservator, shall have the following rights and duty: 1 the exclusive right to: designate the primary residence of the child within TARRANT COUNTY, TEXAS; 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 child; 233-623981-17 ITMOTMO Palominos Reformed Agreed Final Decree of Divorce 4 the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; 5 the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; 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 child'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 child; 9 except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and 10. the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent. IT IS ORDERED that ISMAEL OROSCO PALOMINOS, as a parent joint managing conservator, shall have the following rights and duties: 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 child; 3 the duty to make periodic child support payments; 4 the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; 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 child'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 child; 233-623981-17 ITMOTMO Palominos Reformed Agreed Final Decree of Divorce 8 except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; 9 the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents. Residential Geographic Restriction The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. IT IS ORDERED that the primary residence of the child shall be TARRANT COUNTY, TEXAS, and the parties shall not remove the child from Tarrant County, Texas for the purpose of changing the primary residence of the child until modified by further order of the court of continuing jurisdiction or by written agreement signed by the parties and filed with the court. IT IS FURTHER ORDERED that SONIA PALOMINOS shall have the exclusive right to designate the child's primary residence within Tarrant County, Texas. IT IS FURTHER ORDERED that this geographic restriction on the residence of the child shall be lifted if, at the time SONIA PALOMINOS wishes to remove the child from Tarrant County, Texas for the purpose of changing the primary residence of the child, ISMAEL OROSCO PALOMINOS does not reside in Tarrant County, Texas. Possession and Access The parties agree and IT IS ORDERED that the conservators shall have possession of the child at all times and places mutually agreed to in advance, and in the absence of mutual agreement, IT IS ORDERED that the conservators shall have possession of the 233-623981-17 ITMOTMO Palominos 7 Reformed Agreed Final Decree of Divorce child in accordance with the following modified possession schedule. Modified Possession Schedule The parties agree and IT IS ORDERED that each party shall comply with all terms and conditions of this Modified Possession Schedule. IT IS ORDERED that this Modified Possession Schedule is effective immediately and applies to all periods of possession oceurring on and after the date the Court signs this Agreed Final Decree of Divorce. IT IS THEREFORE ORDERED: Modified Possession Order (a) Definitions 1 In this Modified Possession Order "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. 2 In this Modified Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. (b) Mutual Agreement or Specified Terms for Possession IT 18S 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 Modified Possession Order. () Parents Who Reside 100 Miles or Less Apart Except as otherwise expressly provided in this Modified Possession Order, when ISMAEL OROSCO PALOMINOS tesides 100 miles or less from the primary residence of the child, JSMAEL OROSCO PALOMINOS shall have the right to possession of the child as follows: 1 Weekends — every other weekend beginning at the time the child’s school is regularly dismissed on every other Friday and ending at the time the child’s school resumes the following Monday. 2. Mondays and Tuesdays — every week beginning at the time the 233-623981-17 ITMOTMO Palominos 8 Reformed Agreed Final Decree of Divorce child’s school is regularly dismissed on Monday and ending at the time the child’s schoo! resumes on the following Wednesday. 3 Spring Vacation in Even-Numbered Years - In even-numbered years, beginning the time the child’s school is regularly dismissed for the spring vacation and ending at the time the child’s school resumes after that vacation. 4 Summer — The parties agree and IT IS ORDERED that summer possession of ISMAEL OROSCO PALOMINOS shall be as follows: a. Extended Summer Possession in Odd-numbered Years — If ISMAEL OROSCO PALOMINOS gives SONIA PALOMINOS written notice by April 1 of an odd-numbered year specifying an extended period or periods of possession for that year, ISMAEL OROSCO PALOMINOS shall have possession of the child for seven consecutive days as specified in the written notice 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. These periods of possession shall begin and end at 6:00 p.m. Without Written Notice by April 1 in Odd-numbered years - If ISM4EL OROSCO PALOMINOS does not give SONIA PALOMINOS written notice by April 1 of an odd-numbered year specifying an extended period or periods of possession for that year, ISMAEL OROSCO PALOMINOS shall have possession of the child for seven consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 8 of that year. Extended Summer Possession in Even-numbered Years — If ISMAEL OROSCO PALOMINOS gives SONIA PALOMINOS written notice by April 15 of an even-numbered year specifying an extended period or periods of possession for that year, ISMAEL OROSCO PALOMINOS shall have possession of the child for seven consecutive days as specified in the written notice 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 yacation in that year, provided the period or periods of extended summer possession do not interfere with SONIA PALOMINOS'’s period of extended summer possession in that year. These periods of possession shall begin and end at 6:00 p.m. Without Written Notice by April 15 in Even-numbered years - If ISMAEL OROSCO PALOMINOS does not give SONIA PALOMINOS 233-623981-17 ITMOTMO Palominos 9 Reformed Agreed Final Decree of Divorce written notice by April 15 of an even-numbered year specifying an extended period or periods of possession for that year, ISMAKL OROSCO PALOMINOS shall have possession of the child for seven consecutive days in that year beginning at 6:00 p.m. on July 15 and ending at 6:00 p.m. on July 22 of that year. Notwithstanding the Weekend and Weekday periods of possession ORDERED for SMAEL OROSCO PALOMINOS, it is expressly ORDERED that SONIA PALOMINOS shall have a superior right of possession of the child as follows: 1 Weekends — every other weekend beginning at the time the child’s school is regularly dismissed on every other Friday and ending at the time the child’s school resumes the following Monday. 2. Wednesdays and Thursdays — every week beginning at the time the child’s school is regularly dismissed on Wednesday and ending at the time the child’s school resumes on the following Friday. 3 Spring Vacation in Even-Numbered Years - In even-numbered years, beginning at the time the child’s school is regularly dismissed for spring vacation and ending at the time the child’s school resumes after that vacation. 4 Summer — The parties agree and IT IS ORDERED that summer possession of ISMAEL OROSCO PALOMINOS shall be as follows: a. Extended Summer Possession in Even-numbered Years ~ If SONJA PALOMINOS gives ISMAEL OROSCO PALOMINOS written notice by April 1 of an even-numbered year specifying an extended period or periods of possession for that year, SONIA PALOMINOS shall have possession of the child for seven consecutive days as specified in the written notice 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, provided the period or periods of extended summer possession do not interfere with ISMAEL OROSCO PALOMINOS’s Father’s Day possession. These periods of possession shall begin and end at 6:00 p.m. 233-623981-17 ITMOTMO Palominos 10 Reformed Agreed Final Decree of Divorce b. Without Written Notice by April 1 in Even-numbered years - If SONIA PALOMINOS does not give ISMAEL OROSCO PALOMINOS written notice by April 1 of an even-numbered year specifying an extended period or periods of possession for that year, SONA PALOMINOS shall have possession of the child for seven consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 8 of that year. Extended Summer Possession in Odd-numbered Years - If SONI4 PALOMINOS gives ISMAEL OROSCO PALOMINOS written notice by April 15 of an odd-numbered year specifying an extended period or periods of possession for that year, SONJA PALOMINOS shall have possession of the child for seven consecutive days as specified in the written notice 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, provided the period or periods of extended summer possession do not interfere with ISMAEL OROSCO PALOMINOS’s period of extended summer possession or Father’s Day possession in that year. These periods of possession shall begin and end at 6:00 p.m. Without Written Notice by April 15 in odd-numbered years - If SONIA PALOMINOS does not give ISMAEL OROSCO PALOMINOS written notice by April 15 of an even-numbered year specifying an extended period or periods of possession for that year, SONIA PALOMINOS shall have possession of the child for seven consecutive days in that year beginning at 6:00 p.m. on July 15 and ending at 6:00 p.m. on July 22 of that year. (d) Parents Who Reside More Than 100 Miles Apart Except as otherwise expressly provided in this Modified Possession Order, when ISMAEL OROSCO PALOMINOS resides more than 100 miles from the residence of the children, ISMAEL OROSCO PALOMINOS shall have the right to possession of the children as follows: 1 Weekends - Unless ISMAEL OROSCO PALOMINOS elects the alternative period of weekend possession described in the next paragraph, JSMAEL OROSCO PALOMINOS shall have the right to possession of the child on weekends that occur during the regular school term beginning at the time the child’s school is regularly dismissed on the first, third, and fifth Friday of each month and ending at the time the child’s school resumes after the weekend, and on weekends that do not oceur during the regular school term, beginning at the time the child’s school is 233-62398 1-17 ITMOTMO Palominos 11 Reformed Agreed Final Decree of Divorce regularly dismissed on the first, third and fifth Friday of each month and ending at the time the child’s school resumes after the weekend. Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, JSMMA4EL OROSCO PALOMINOS shall have the right to possession of the child not more than one weekend per month of ISMAEL OROSCO PALOMINOS's choice beginning at the time the child’s school is regularly dismissed and ending at the time the child’s school resumes after the weekend. ISMAEL OROSCO PALOMINOS may elect an option for this alternative period of weekend possession by giving written notice to SONL4 PALOMINOS within ninety days after the parties begin to reside more than 100 miles apart. If ISMAEL OROSCO PALOMINOS makes this election, ISMAEL OROSCO PALOMINOS shall give SONIA PALOMINOS 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, or Mother's Day possessions below. 2 Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Modified Possession Order, if a weekend period of possession by JSMAEL OROSCO PALOMINOS 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 Thursday. Except as otherwise expressly provided in this Modified Possession Order, if a weekend period of possession by ISMAEL OROSCO PALOMINOS ends on or is immediately followed by a student holiday or a teacher in-service day that fails 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 the time the child’s school is regularly dismissed for spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 4 Summer — The parties agree and IT IS ORDERED that ISMAEL OROSCO PALOMINOS shall have possession of the child for a period of sixty days beginning no earlier than the day after the child’s schoo! 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. 233-623981-17 ITMOTMO Palominos 12 Reformed Agreed Final Decree of Divorce (e) Holidays Unaffected by Distance Notwithstanding the weekend and weekday periods of possession of ISMAEL OROSCO PALOMINOS, ISMAEL OROSCO PALOMINOS and SONIA PALOMINOS shall have the right to possession of the children as follows: 1 Christmas Holidays in Even-Numbered Years - In even-numbered years, ISMAEL OROSCO PALOMINOS shalt have the right to possession of the child beginning at the time the child’s school is regularly dismissed for the Christmas school vacation and ending at noon on December 28, and SONIA PALOMINOS shall have the right to possession of the child beginning at noon on December 28 and ending at the time school resumes after that Christmas school vacation. 2 Christmas Holidays in Odd-Numbered Years - In odd-numbered years, SONIA PALOMINOS shal! have the right to possession of the child beginning at the time the child’s school is regularly dismissed for the Christmas school vacation and ending at noon on December 28, and ISMAEL OROSCO PALOMINOS shalt have the right to possession of the child beginning at noon on December 28 and ending at the time school resumes after that Christmas school vacation. 3 Thanksgiving in Odd-Numbered Years - In odd-numbered years, ISMAEL OROSCO PALOMINOS shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed for the Thanksgiving holiday and ending at the time school resumes following the Thanksgiving holiday. 4 Thanksgiving in Even-Numbered Years - In even-numbered years, SONIA PALOMINOS shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed for the Thanksgiving holiday and ending at the time school resumes following the Thanksgiving holiday. 5 Child's Birthday - If a parent is not otherwise entitled under this Standard Possession Order to present possession of the 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 - ISMAEL OROSCO PALOMINOS shall have the right to possession of the child each year, beginning at 8:00 a.m. on Father's Day and ending at 8:00 p.m. on Father’s Day, provided that if ISMAEL OROSCO PALOMINOS is not otherwise entitled under this Modified Possession Order to present possession of the child, he shall pick up the child from the 7-Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108 and return the child to 233-623981-17 ITMOTMO Palominos 13 Reformed Agreed Final Decree of Divorce that same place. 7 Mother's Day - SONIA PALOMINOS shall have the right to possession of the child each year, beginning at 8:00 a.m, on Mother's Day and ending at 8:00 p.m. on Mother’s Day, provided that if SONIA PALOMINOS is not otherwise entitled under this Modified Possession Order to present possession of the child, she shall pick up the child from the 7-Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108 and return the child to that same place. ® Undesignated Periods of Possession SONIA PALOMINOS shall have the right of possession of the children at all other times not specifically designated in this Modified Possession Order for ISMAEL OROSCO PALOMINOS. ) General Terms and Conditions Except as otherwise expressly provided in this Modified 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 SONIA PALOMINOS - SONIA PALOMINOS is ORDERED to surrender the child to ISM4EL OROSCO PALOMINOS at the beginning of each period of ISMAEL OROSCO PALOMINOS's possession at the 7- Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108. Ifa period of possession by ISMAEL OROSCO PALOMINOS begins at the time the child’s school is regularly dismissed, SONJA PALOMINOS is ORDERED to surrender the child to ISMAEL OROSCO PALOMINOS at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, ISMAEL OROSCO PALOMINOS shall pick up the child at the 7- Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108 at 6:00 p.m., and SONIA PALOMINOS is ORDERED to surrender the child to ISMAEL OROSCO PALOMINOS at the 7-Eleven located at 940] White Settlement Road, Fort Worth, Texas 76108 at 6:00 p.m. under these circumstances. 2. Return of Child by ISMAEL OROSCO PALOMINOS - ISMAEL OROSCO PALOMINOS is ORDERED to return the child to SONIA PALOMINOS, if SONIA PALOMINOS is entitled to possession of the child, at the end of each of ISMAEL OROSCO PALOMINOS's exclusive periods of possession, at the place designated in this Modified Possession Order. However, IT IS ORDERED that, if SONIA PALOMINOS and ISMAEL OROSCO PALOMINOS live in the same county at the time of the rendition of this order, SM@AEL OROSCO PALOMINOS’s county of residence remains the same after the rendition of this order, and SONIA 233-62398 1-17 ITMOTMO Palominos 14 Reformed Agreed Final Decree of Divorce PALOMINOS’s county of residence changes, effective on the date of the change of residence of SONIA PALOMINOS, ISMAEL OROSCO PALOMINOS shall surrender the child to SONIA PALOMINOS at the 7-Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108 at the end of each period of possession. If a period of possession by ISMAEL OROSCO PALOMINOS ends at the time the child’s school resumes, JSMAEL OROSCO PALOMINOS is ORDERED to return the child to SONJA PALOMINOS at the end of each period of possession at the school in which the child is enrolled or, if the child is not in school, at the 7- Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108. 3 Surrender of Child by ISMAEL OROSCO PALOMINOS - ISMAEL OROSCO PALOMINOS is ORDERED to surrender the child to SONIA PALOMINOS at the beginning of each of SONJA PALOMINOS'’s periods of possession at the 7-Eleven located at 9401 White Settlement Road, Fort Worth, Texas 76108, 4. Return of Child by SONIA PALOMINOS - SONIA PALOMINOS is ORDERED to return the child to SMAEL OROSCO PALOMINOS, if ISMAEL OROSCO PALOMINOS is entitled to possession of the child, at the end of each of SONIA PALOMINOS’s exclusive periods of possession, at the place designated in this Modified 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 return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned. 7 Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period. 8 Written Notice - Written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due, Each conservator is ORDERED to notify the other conservator of any change in the conservator's electronic mail address or facsimile number within twenty-four hours after the change. 9. Notice to School and SONJA PALOMINOS - If ISMAEL OROSCO PALOMINOS's time of possession of the child ends at the time school resumes and 233-623981-17 ITMOTMO Palominos 15 Reformed Agreed Final Decree of Divorce for any reason the child is not or will not be returned to school, ISMAEL OROSCO PALOMINOS shall immediately notify the school SONIA PALOMINOS that the child will not be or has not been returned to school. Duration The periods of possession ordered above apply to the child the subject of this suit while the child is under the age of eighteen years and not otherwise emancipated. Noninterference with Possession Except as expressly provided herein, IT IS ORDERED that neither conservator shall take possession of the child 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. Child Support IT IS ORDERED that JSM4EL OROSCO PALOMINOS is obligated to pay and shall pay to SONIA PALOMINOS for the support of Alexa Palominos child support of ONE THOUSAND dollars ($1,000.00) per month, with the first payment being due and payable on August 1, 2018 and a like payment of ONE THOUSAND dollars ($1,000.00) being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below: I the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below; 2. the child marries; 3 the child dies; 4 the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or 233-62398 1-17 ITMOTMO Palominos 16 Reformed Agreed Final Decree of Divorce 5 the child's disabilities are otherwise removed for general purposes. If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that JISMAEL OROSCO PALOMINOS's obligation to pay child support to SONIA PALOMINOS 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 Earning: IT IS ORDERED that any employer of ISMAEL OROSCO PALOMINOS shall be ordered to withhold the child support payments ordered in this decree from the disposable earnings of ISMAEL OROSCO PALOMINOS for the support of Alexa Palominos. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of ISMAEL OROSCO PALOMINOS 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 One Hundred (100%) percent of the amount ordered to be paid by this decree, the balance due remains an obligation of ISMAEL OROSCO PALOMINOS, and it is hereby ORDERED that [SMAEL OROSCO PALOMINOS pay the balance due directly to 233-62398 1-17 ITMOTMO Palominos 17 Reformed Agreed Final Decree of Divorce the state disbursement unit specified below. On this date the Court signed an Income Withholding for Support. Payment ISMAEL OROSCO PALOMINOS is ORDERED to make all payments for child support to the Texas Child Support State Disbursement Unit, P,O. Box 659791, San Antonio, Texas 78265- 9791, and to include the cause number and obligee’s name on the check or money order. 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 SONIA PALOMINOS for the support of the child. 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 ISMAEL OROSCO PALOMINOS shall notify this Court and SONIA PALOMINOS by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. ‘This notice or a subsequent notice shall also provide the current address of ISMAEL OROSCO PALOMINOS 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 tile IV-D agency, the friend of the Court, a domestic relations office, SONIA PALOMINOS, ISMAEL OROSCO PALOMINOS, or an attorney representing SONIA PALOMINOS or ISMAEL OROSCO PALOMINOS, the clerk of this Court shall cause a certified copy of the Income Withholding for 233-62398 1-17 ITMOTMO Palominos 18 Reformed Agreed Final Decree of Divorce Support to be delivered to any employer. Health Care 1 IT IS ORDERED that ISMAEL OROSCO PALOMINOS and SONIA PALOMINOS shall each provide medical support and health care insurance coverage for the child as set out in this order as additional child support for as long as the Court may order SMAEL OROSCO PALOMINOS and SONIA PALOMINOS to provide support for the child under sections 154,001 and 154.002 of the Texas Family Code. Beginning on the day ISM4EL OROSCO PALOMINOS and SONIA PALOMINOS's actual or potential obligation to support the child under sections 154.001 and 154,002 of the Family Code terminates, IT IS ORDERED that ISM4EL OROSCO PALOMINOS and SONIA PALOMINOS 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 Definitions - "Health Insurance" means insurance coverage that provides basic health-care services, (vision and dental services if included in basic health-insurance coverage available to obligee and/or obligor) including usual physician services, office visits, hospitalization, and laboratory, X- ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under chapter 32 of the Texas Human Resources Code. "Reasonable cost" means the cost of health insurance coverage for a child that does not exceed 9 percent of Obligor's annual resources, as described by section 154.062(b) of the Texas Family Code, "Reasonable and necessary health-care expenses not pai