Preview
Filed
8/10/2018 3:04 PM
Annie Rebecca Elliott
District Clerk
Fort Bend County, Texas
Kim Contreras
CAUSE NO. 15-DCV-227783
IN THE MATTER OF THE MARRIAGE = § IN THE DISTRICT COURT
OF §
TAMISIKA K. SMITH : 328th JUDICIAL DISTRICT
Cats ALLEN SMITH ;
AND IN THE INTEREST OF ;
an:
MINOR CHILDREN : FORT BEND COUNTY, TEXAS
AGRE} ON M
15 Date of Hearing
On 2018, the Court heard this case.
2s Appearances
Petitioner/Counter-Respondent CARLOS ALLEN SMITH, did not appear, and
has agreed to the terms of this judgment to the extent permitted by law, as evidenced by
Petitioner /Counter-Respondent’s signature below.
Respondent/Counter-Petitioner, TAMISIKA K. SMITH, appeared in person and
through attorney of record, Sherry B. Angelo and has agreed to the terms of this
judgment to the extent permitted by law, as evidenced by Respondent/Counter-
Petitioner's signature below.
3. Record
The making of a record of testimony was waived by the parties with the consent
of the Court.
4 Jurisdicti
The Court finds that the pleadings of Respondent/Counter-Petitioner, TAMISIKA
K. SMITH are in due form and contain all the allegations, information, and
prerequisites required by law.5 Jury
Ajury was waived, and questions of fact and of law were submitted to the Court.
6. Agreement of Parties
The Court finds that the parties have entered into a written agreement as
contained in this Agreed Order to Modify by virtue of having approved this order 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 Order to Modify and finds the Order to be in the best
interest of the children.
Ws Children under 18
The Court finds that Petitioner/Counter-Respondent and Respondent/Counter-
Petitioner are the parents of the following children:
NAME:
SEX:
BIRTH DATE:
NAME:
SEX:
BIRTH DATE:
NAME:
SEX:
BIRTH DATE:
8. Parenting Plan
The Court finds that the provisions in this Order relating to the rights and duties
of the parties with relation to the children, possession of and access to the children,
child support, and optimizing the development of a close and continuing relationship
between each party and the children constitute the parties’ agreed parenting plan.9. Modified Possession Order
IT IS ORDERED that each conservator shall comply with all terms and
conditions of this Modified Possession Order. IT IS ORDERED that this Modified
Possession Order is effective immediately and applies to all periods of possession
occurring on and after the date the Court signs this Modified Possession Order. IT IS,
THEREFORE, ORDERED:
a. tio’
1. In this Modified Possession Order, “school” means the primary or
secondary school in which the child is enrolled or, if the child is not enrolled in a
primary 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= =M A ent or Specified Terms
IT IS ORDERED that the conservators shall have possession of the children 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 children
under the specified terms set out in this Modified Possession Order.
c When Parents Reside 100 Miles or Less Apart
Except as otherwise expressly provided in this Modified Possession Order, when
CARLOS ALLEN SMITH resides 100 miles or less from the primary residence of the
children, CARLOS ALLEN SMITH shall have the right to possession of the children as
follows:1. Weekends—
On weekends that occur during the regular school term, beginning at 6:00 p.m.
on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the
following Sunday.
On weekends that do not occur during the regular school term, beginning at 6:00
p.m. on the first, third, and fifth Friday of each month and ending at 9:00 a.m. on the
following Monday of each possession period.
2. Weekend Possession Extended by a Holiday—
Except as otherwise expressly provided in this Modified Possession Order, if a
weekend period of possession by CARLOS ALLEN SMITH coincides with 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 a child is enrolled, or with a federal, state or local
holiday that falls during the summer months in which 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 CARLOS ALLEN SMITH coincides with a student
holiday or a teacher in-service day that falls on a Monday during the regular school
term, as determined by the school in which a child is enrolled, or with 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 the following
Monday.
3. Thursdays—On Thursday of each week during the regular schoo! term,
beginning at the time the children’s school is regularly dismissed or if a child
participates in an extra-curricular activity, when that extra-curricular activity ends and
ending at 8:00 p.m.4. Spring Vacation in Even-Numbered Years—In even-numbered years,
beginning at 6:00 p.m. on the day the children are dismissed from school for the
school’s spring vacation and ending at 6:00 p.m. on the day before schoo} resumes after
that vacation.
5. Modified Summer Possession by CARLOS ALLEN SMITH —
With Written Notice by January 15 — If CARLOS ALLEN SMITH gives
TAMISIKA K. SMITH written notice by January 15 of a year beginning 2019, CARLOS
ALLEN SMITH shall have possession of the children for 30 days beginning no earlier
than the day after the children’s school is dismissed for the summer vacation and ending
no later than seven days before school resumes at the end of the summer vacation in
that year, to be exercised in two 15 day periods to occur no less than fourteen days apart,
as specified in the written notice.
Without Written Notice by January i5—If CARLOS ALLEN SMITH does not give
TAMISIKA K. SMITH written notice by January 15 of a year specifying the two 15 day
periods of summer possession for that year, CARLOS ALLEN SMITH shall have
possession of the children for 30 days in that year in two 15 day periods with the first
period beginning on June 1 at 6:00 p.m. and ending on June i5 at 6:00 p.m. and the
second period beginning on July i at 6:00 p.m. and ending on July 15 at 6:00 p.m.
Notwithstanding the Thursday periods of possession during the regular schoo)
term and the weekend periods of possession ORDERED for CARLOS ALLEN SMITH, it
is expressly ORDERED that TAMISIKA K. SMITH shall have a superior right of
possession of the children as follows:
1. Spring Vacation in Odd-Numbered Years—In odd-numbered years,
beginning at the time the child’s school is dismissed for the school’s spring vacation and
ending at 6:00 p.m. on the day before school resumes after that vacation.
52. Summer Weekend Possession by TAMISIKA K. SMITH—If TAMISIKA K.
SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning
2019, TAMISIKA K. SMITH shall have possession of the children on any one weekend
beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday
during any one period of the extended summer possession by CARLOS ALLEN SMITH
in that year, provided that TAMISIKA K. SMITH picks up the children from CARLOS
ALLEN SMITH and returns the children to that same place and that the weekend so
designated does not interfere with Father’s Day possession.
3. Extended Summer Possession by TAMISIKA K. SMITH—If TAMISIKA K.
SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning
2019 or gives CARLOS ALLEN SMITH fourteen days’ written notice on or after
February 16 of a year beginning 2010, TAMISIKA K. SMITH may designate one
weekend beginning no earlier than the day after the child’s school is dismissed for the
summer vacation and ending no later than seven days before school resumes at the end
of the summer vacation, during which an otherwise scheduled weekend period of
possession by CARLOS ALLEN SMITH shall not take place in that year, provided that
the weekend so designated does not interfere with CARLOS ALLEN SMITH’s period or
periods of extended summer possession or with Father's Day possession.
d. When ts Reside More Than iles Aj
Except as otherwise expressly provided in this Modified Possession Order, when
CARLOS ALLEN SMITH resides more than 100 miles from the residence of the
children, CARLOS ALLEN SMITH shall have the right to possession of the children as
follows:l. Weekends —
CARLOS ALLEN SMITH shall have the right to possession of the children on
weekends that occur during the regular school term, beginning at 6:00 p.m. on the first,
third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday,
and on weekends that do not occur during the regular school term, beginning at 6:00
p.m. on the first, third, and fifth Friday of each month and ending at 9:00 a.m. on
following Monday of each possession period.
3: Weekend Possession Extended by a Holiday —
Except as otherwise expressly provided in this Modified Possession Order, if a
weekend period of possession by CARLOS ALLEN SMITH coincides with 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 a child is enrolled, or with a federal, state or local
holiday that falls on a Friday during the summer steadfast ade school is not in
session, that weekend 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 CARLOS ALLEN SMITH ends on or is immediately
followed by a student holiday or a teacher in-service day that falls on a Monday during
the regular school term, as determined by the school in which the child is enrolled, or
with a federal, state or local holiday that falls on a Monday during the summer months
in which school is not in session, the weekend period of possession shall end at 6:00
p.m. on the following Monday.
3. Spring Vacation in Alternating Years —
In even numbered years, beginning at 6:00 p.m. on the day the children are
dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the
day before school resumes after that vacation.
74. Modified Summer Possession by CARLOS ALLEN SMITH —
With Written Notice by January 15— If CARLOS ALLEN SMITH gives
TAMISIKA K. SMITH written notice by January 15, of a year beginning 2019, CARLOS
ALLEN SMITH shall have possession of the children for 30 days beginning no earlier
than the day after the children’s school is dismissed for the summer vacation and ending
no later than seven days before school resumes at the end of the summer vacation in
that year, to be exercised in two 15 day periods to occur no less than fourteen days apart,
as specified in the written notice. These periods of possession shall begin and end at
6:00 p.m. on each applicable day.
Without Written Notice by January 15 — If CARLOS ALLEN SMITH does not
give TAMISIKA K. SMITH written notice by January 15 of a year beginning 2019
specifying the two 15 day periods of summer possession for that year, CARLOS ALLEN
SMITH shall have possession of the children for 30 days in that year in tw Lay
periods with the first period beginning on June 1 at 6:00 p.m. and ending on June 15 at
6:00 p.m. and the second period beginning on July 1 at 6:00 p.m. and ending on July 15
at 6:00 p.m.
Notwithstanding the weekend periods of possession ORDERED for CARLOS
ALLEN SMITH, it is expressly ORDERED that TAMISIKA K. SMITH shall have a
superior right of possession of the children as follows:
1 Summer Weekend Possession by TAMISIKA K. SMITH—If TAMISIKA K.
SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning
2019, TAMISIKA K. SMITH shall have possession of the children on any two weekends
beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday
during any one period of possession by CARLOS ALLEN SMITH in that year, provided
that TAMISIKA K. SMITH picks up the children from CARLOS ALLEN SMITH and
8returns the children to that same place and that the weekend so designated does not
interfere with Father’s Day possession.
2. Extended Summer Possession by TAMISIKA K. SMITH—If TAMISIKA K.
SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning
2019, or gives CARLOS ALLEN SMITH fourteen days’ written notice on or after
February 1, of a year beginning 2019 TAMISIKA K. SMITH may designate one weekend
beginning no earlier than the day after the child’s school is dismissed for the summer
vacation and ending no later than seven days before school resumes at the end of the
summer vacation in that year during which an otherwise scheduled weekend period of
possession by, CARLOS ALLEN SMITH shall not take place in that year; provided that
the weekend designated does not interfere with CARLOS ALLEN SMITH’s period or
periods of extended summer possession or with Father’s Day possession. These periods
of possession shall begin and end at 6:00 p.m. on each applicable day.
e. i Ui cted istance
Notwithstanding the weekend and Thursday periods of possession of CARLOS
ALLEN SMITH, TAMISIKA K. SMITH and CARLOS ALLEN SMITH shall have the right
to possession of the children as follows:
is Christmas Holidays in Even-Numbered Years—In even-numbered years,
CARLOS ALLEN SMITH shall have the right to possession of the children beginning at
6:00 p.m. on the day the children are dismissed from school and ending at noon on
December 28, and TAMISIKA K. SMITH shall have the right to possession of the
children beginning at noon on December 28 and ending at 6:00 p.m. on the day before
school resumes after that Christmas school vacation.
2. Christmas Holidays in Odd-Numbered Years—In odd-numbered years,
TAMISIKA K. SMITH shall have the right to possession of the children beginning at
96:00 p.m. on the day the children are dismissed from school and ending at noon on
December 28, and CARLOS ALLEN SMITH shall have the right to possession of the
children beginning at noon on December 28 and ending at 6:00 p.m. on the day before
school resumes after that Christmas school vacation.
3. Christmas Day Visitation - IT IS ORDERED that the non-possessory
parent will have access to all three children on Christmas Day in each year from 6:00
p.m. to 8:00 p.m. with pickup and drop off at the place specified in this order.
4 Thanksgiving in Odd-Numbered Years—In odd-numbered years, CARLOS
ALLEN SMITH shall have the right to possession of the children beginning at 6:00 p.m.
on the day the children are dismissed from school and ending at 6:00 p.m. on the
Sunday following Thanksgiving.
5. Thanksgiving in Even-Numbered Years—In even-numbered years,
TAMISIKA K. SMITH shall have the right to possession of the children beginning at
6:00 p.m. on the day the children are dismissed from school and ending at 6:00 p.m. on
the Sunday following Thanksgiving.
6. — Child’s Birthday—If a conservator is not otherwise entitled under this
Modified Possession Order to present possession of a child on the child’s birthday, that
conservator shall have possession of the child and the child’s minor siblings beginning
at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that conservator picks
up the children from the other conservator’s residence and returns the children to that
same place.
7s Father’s Day—Father shall have the right to possession of the children
each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at
8:00 a.m. on the Monday after Father’s Day, provided that if Father is not otherwise
entitled under this Modified Possession Order to present possession of the children, he
10shall pick up the children from the other conservator's residence and return the children
to that same place.
8. Mother’s Day—Mother shall have the right to possession of the children
each year, beginning at the time the children’s school is regularly dismissed on the
Friday preceding Mother’s Day and ending at the time the children’s schoo) resumes
after Mother's Day, provided that if Mother is not otherwise entitled under this Modified
Possession Order to present possession of the children, she shall pick up the children
from the other conservator’s residence and return the children to that same place.
f. irst Right of R I
It is ORDERED and agreed that CARLOS ALLEN SMITH and TAMISIKA SMITH
shall each exercise a right of first refusal if either party during his or her period of
possession of the children is away from the children overnight from 10:00 pm until 8:00
am, the non-possessory party shall be notified at least three hours in advance and given
the option to pick up and return the children from the other conservator's residence
during that period of absence,
g. Undesignated Periods of Possession
TAMISIKA K. SMITH shall have the right of possession of the children at all
other times not specifically designated in this Modified Possession Order for CARLOS
ALLEN SMITH.
h. General Terms and Conditions
Except as otherwise expressly provided in this Modified Possession Order, the
terms and conditions of possession of the children that apply regardless of the distance
between the residence of a parent and the children are as follows:
1. Surrender of Children by TAMISIKA K. SMITH — TAMISIKA K. SMITH is
ORDERED to surrender the children to CARLOS ALLEN SMITH at the beginning of
lleach period of CARLOS ALLEN SMITH’s possession at the residence of CARLOS
ALLEN SMITH beingiinnne If CARLOS
ALLEN SMITH changes residence then the CVS, located at 90120 Hwy 6 Missouri City,
Texas 77459 previously designated shall be the pickup and drop off point.
2. Surrender of Children by CARLOS ALLEN SMITH— CARLOS ALLEN
SMITH is ORDERED to surrender the children to TAMISIKA K. SMITH at the
residence of CARLOS ALLEN SMITH bein
Y | If CARLOS ALLEN SMITH changes residence then the CVS, located at 90120
Hwy 6 Missouri City, Texas 77459 previously designated shall be the pickup and drop
off point.
3. Return of Children by CARLOS ALLEN SMITH— CARLOS ALLEN SMITH
is ORDERED to return the children at the end of each period of possession at the place
designated in this Order.
4. Return of Children by TAMISIKA K. SMITH — TAMISIKA K. SMITH is
ORDERED to return the children to CARLOS ALLEN SMITH, if CARLOS ALLEN
SMITH is entitled to possession of the children, at the end of each of TAMISIKA K.
SMITH’S exclusive periods of possession, at the place designated in this Order.
5. Personal Effects—Each conservator is ORDERED to return with the
children the personal effects that the children 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 children, as applicable. IT IS ORDERED that
a conservator or a designated competent adult be present when the children are picked
up or returned.
12a Inability to Exercise Possession—Each conservator is ORDERED to give
notice to the person in possession of the children 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 specifically Our
Family Wizard, 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 TAMISIKA K. SMITH
If CARLOS ALLEN SMITH’s time of possession of the children ends at the time
school resumes and for any reason the children are not or will not be returned to school,
CARLOS ALLEN SMITH shall immediately notify the school and TAMISIKA K. SMITH
that the children will not be or has not been returned to school.
This concludes the Modified Possession Order.
10. Other provisions related to the children
ds The parties shall use “Our Family Wizard” for all medical bill
notifications/communications. Additionally, both parties agree to split the
annual costs of the Our Family Wizard program until the youngest child
reaches the age of 18 years.
2. CARLOS ALLEN SMITH shall pay all outstanding medical bills including
related to speech therapy for which receipts, statements of EOB’s are
provided by TAMISIKIA SMITH. All therapy inclusive of speech therapy,
physical therapy and psychological therapy is confirmed/considered a
covered medical expense going forward.
13u. Orders for a:
IT IS ORDERED that Effective July 1, 2018, CARLOS ALLEN SMITH will have
the house located ii i transferred back from William
Goldsmith and deeded back into CARLOS ALLEN SMITH’s name. CARLOS ALLEN
SMITH shall list the house at for sale with
HAR.com and with a realtor with other listings in the area of 2 Aliano, Missouri City,
Texas with and asking price within the current market rate. As per prior modification,
the home is not to be leased/rented or resided in by CARLOS ALLEN SMITH. CARLOS
ALLEN SMITH will continue to market the residence ay
in order to get the residence sold as soon as possible.
12. Passports
IT IS ORDERED that pursuant to the provision of the Texas Family Law Manual,
TAMISIKIA SMITH is to have possession of the children’s passports. CARLOS ALLEN
SMITH is to provide a 30-day written notice for passports to TAMIKIKA SMITH. After
receipt of written notice, TAMISIKIA SMITH is to provide the requested passports no
later than 5 days of planned travel. CARLOS ALLEN Smith is to return the passports no
later than 5 days of returning from international travel. TAMISIKIA SMITH is to have
the exclusive right to renew passports for the children.
All provisions in the prior Agreed Order of Modification dated May 17, 2017 and
in the Decree of Divorce dated July 25, 2016 remain in effect, unless specifically
changed in this order.
1411. Date of. Judgment
SIGNED ON 2018.
JUDGE PRESIDIAG
1sAPPROVED AS TO FORM ONLY:
Sherry B. Angelo
1106 Vista Creek Drive
Sugar Land, Texas 77478
Tel: (281) 313-2767
Fax: (713) 234-7370
Sherry9280@aol,
Attorney for Petitioner
State Bar No. 01259575
Yasmin Kutty
Kutty Law Firm PLLC
4660 Sweetwater Blvd., Suite 185
Sugar Land, Texas 77479
Tel: (713) 568 - 5404
Fax: (713) 583-6709
ykiutty@kuttylawfirm.com
Petitioner, TAMISIKA K. SMITH
ae
Respondent, CARLOS ALLEN SMITH
Preview
Filed 8/10/2018 3:04 PM Annie Rebecca Elliott District Clerk Fort Bend County, Texas Kim Contreras CAUSE NO. 15-DCV-227783 IN THE MATTER OF THE MARRIAGE = § IN THE DISTRICT COURT OF § TAMISIKA K. SMITH : 328th JUDICIAL DISTRICT Cats ALLEN SMITH ; AND IN THE INTEREST OF ; an: MINOR CHILDREN : FORT BEND COUNTY, TEXAS AGRE} ON M 15 Date of Hearing On 2018, the Court heard this case. 2s Appearances Petitioner/Counter-Respondent CARLOS ALLEN SMITH, did not appear, and has agreed to the terms of this judgment to the extent permitted by law, as evidenced by Petitioner /Counter-Respondent’s signature below. Respondent/Counter-Petitioner, TAMISIKA K. SMITH, appeared in person and through attorney of record, Sherry B. Angelo and has agreed to the terms of this judgment to the extent permitted by law, as evidenced by Respondent/Counter- Petitioner's signature below. 3. Record The making of a record of testimony was waived by the parties with the consent of the Court. 4 Jurisdicti The Court finds that the pleadings of Respondent/Counter-Petitioner, TAMISIKA K. SMITH are in due form and contain all the allegations, information, and prerequisites required by law.5 Jury Ajury was waived, and questions of fact and of law were submitted to the Court. 6. Agreement of Parties The Court finds that the parties have entered into a written agreement as contained in this Agreed Order to Modify by virtue of having approved this order 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 Order to Modify and finds the Order to be in the best interest of the children. Ws Children under 18 The Court finds that Petitioner/Counter-Respondent and Respondent/Counter- Petitioner are the parents of the following children: NAME: SEX: BIRTH DATE: NAME: SEX: BIRTH DATE: NAME: SEX: BIRTH DATE: 8. Parenting Plan The Court finds that the provisions in this Order relating to the rights and duties of the parties with relation to the children, possession of and access to the children, child support, and optimizing the development of a close and continuing relationship between each party and the children constitute the parties’ agreed parenting plan.9. Modified Possession Order IT IS ORDERED that each conservator shall comply with all terms and conditions of this Modified Possession Order. IT IS ORDERED that this Modified Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Modified Possession Order. IT IS, THEREFORE, ORDERED: a. tio’ 1. In this Modified Possession Order, “school” means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary 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= =M A ent or Specified Terms IT IS ORDERED that the conservators shall have possession of the children 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 children under the specified terms set out in this Modified Possession Order. c When Parents Reside 100 Miles or Less Apart Except as otherwise expressly provided in this Modified Possession Order, when CARLOS ALLEN SMITH resides 100 miles or less from the primary residence of the children, CARLOS ALLEN SMITH shall have the right to possession of the children as follows:1. Weekends— On weekends that occur during the regular school term, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. On weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 9:00 a.m. on the following Monday of each possession period. 2. Weekend Possession Extended by a Holiday— Except as otherwise expressly provided in this Modified Possession Order, if a weekend period of possession by CARLOS ALLEN SMITH coincides with 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 a child is enrolled, or with a federal, state or local holiday that falls during the summer months in which 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 CARLOS ALLEN SMITH coincides with a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which a child is enrolled, or with 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 the following Monday. 3. Thursdays—On Thursday of each week during the regular schoo! term, beginning at the time the children’s school is regularly dismissed or if a child participates in an extra-curricular activity, when that extra-curricular activity ends and ending at 8:00 p.m.4. Spring Vacation in Even-Numbered Years—In even-numbered years, beginning at 6:00 p.m. on the day the children are dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before schoo} resumes after that vacation. 5. Modified Summer Possession by CARLOS ALLEN SMITH — With Written Notice by January 15 — If CARLOS ALLEN SMITH gives TAMISIKA K. SMITH written notice by January 15 of a year beginning 2019, CARLOS ALLEN SMITH shall have possession of the children for 30 days beginning no earlier than the day after the children’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in two 15 day periods to occur no less than fourteen days apart, as specified in the written notice. Without Written Notice by January i5—If CARLOS ALLEN SMITH does not give TAMISIKA K. SMITH written notice by January 15 of a year specifying the two 15 day periods of summer possession for that year, CARLOS ALLEN SMITH shall have possession of the children for 30 days in that year in two 15 day periods with the first period beginning on June 1 at 6:00 p.m. and ending on June i5 at 6:00 p.m. and the second period beginning on July i at 6:00 p.m. and ending on July 15 at 6:00 p.m. Notwithstanding the Thursday periods of possession during the regular schoo) term and the weekend periods of possession ORDERED for CARLOS ALLEN SMITH, it is expressly ORDERED that TAMISIKA K. SMITH shall have a superior right of possession of the children as follows: 1. Spring Vacation in Odd-Numbered Years—In odd-numbered years, beginning at the time the child’s school is dismissed for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 52. Summer Weekend Possession by TAMISIKA K. SMITH—If TAMISIKA K. SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning 2019, TAMISIKA K. SMITH shall have possession of the children on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by CARLOS ALLEN SMITH in that year, provided that TAMISIKA K. SMITH picks up the children from CARLOS ALLEN SMITH and returns the children to that same place and that the weekend so designated does not interfere with Father’s Day possession. 3. Extended Summer Possession by TAMISIKA K. SMITH—If TAMISIKA K. SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning 2019 or gives CARLOS ALLEN SMITH fourteen days’ written notice on or after February 16 of a year beginning 2010, TAMISIKA K. SMITH may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by CARLOS ALLEN SMITH shall not take place in that year, provided that the weekend so designated does not interfere with CARLOS ALLEN SMITH’s period or periods of extended summer possession or with Father's Day possession. d. When ts Reside More Than iles Aj Except as otherwise expressly provided in this Modified Possession Order, when CARLOS ALLEN SMITH resides more than 100 miles from the residence of the children, CARLOS ALLEN SMITH shall have the right to possession of the children as follows:l. Weekends — CARLOS ALLEN SMITH shall have the right to possession of the children on weekends that occur during the regular school term, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 9:00 a.m. on following Monday of each possession period. 3: Weekend Possession Extended by a Holiday — Except as otherwise expressly provided in this Modified Possession Order, if a weekend period of possession by CARLOS ALLEN SMITH coincides with 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 a child is enrolled, or with a federal, state or local holiday that falls on a Friday during the summer steadfast ade school is not in session, that weekend 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 CARLOS ALLEN SMITH ends on or is immediately followed by a student holiday or a teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend period of possession shall end at 6:00 p.m. on the following Monday. 3. Spring Vacation in Alternating Years — In even numbered years, beginning at 6:00 p.m. on the day the children are dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. 74. Modified Summer Possession by CARLOS ALLEN SMITH — With Written Notice by January 15— If CARLOS ALLEN SMITH gives TAMISIKA K. SMITH written notice by January 15, of a year beginning 2019, CARLOS ALLEN SMITH shall have possession of the children for 30 days beginning no earlier than the day after the children’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in two 15 day periods to occur no less than fourteen days apart, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. Without Written Notice by January 15 — If CARLOS ALLEN SMITH does not give TAMISIKA K. SMITH written notice by January 15 of a year beginning 2019 specifying the two 15 day periods of summer possession for that year, CARLOS ALLEN SMITH shall have possession of the children for 30 days in that year in tw Lay periods with the first period beginning on June 1 at 6:00 p.m. and ending on June 15 at 6:00 p.m. and the second period beginning on July 1 at 6:00 p.m. and ending on July 15 at 6:00 p.m. Notwithstanding the weekend periods of possession ORDERED for CARLOS ALLEN SMITH, it is expressly ORDERED that TAMISIKA K. SMITH shall have a superior right of possession of the children as follows: 1 Summer Weekend Possession by TAMISIKA K. SMITH—If TAMISIKA K. SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning 2019, TAMISIKA K. SMITH shall have possession of the children on any two weekends beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by CARLOS ALLEN SMITH in that year, provided that TAMISIKA K. SMITH picks up the children from CARLOS ALLEN SMITH and 8returns the children to that same place and that the weekend so designated does not interfere with Father’s Day possession. 2. Extended Summer Possession by TAMISIKA K. SMITH—If TAMISIKA K. SMITH gives CARLOS ALLEN SMITH written notice by February 1 of a year beginning 2019, or gives CARLOS ALLEN SMITH fourteen days’ written notice on or after February 1, of a year beginning 2019 TAMISIKA K. SMITH may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year during which an otherwise scheduled weekend period of possession by, CARLOS ALLEN SMITH shall not take place in that year; provided that the weekend designated does not interfere with CARLOS ALLEN SMITH’s period or periods of extended summer possession or with Father’s Day possession. These periods of possession shall begin and end at 6:00 p.m. on each applicable day. e. i Ui cted istance Notwithstanding the weekend and Thursday periods of possession of CARLOS ALLEN SMITH, TAMISIKA K. SMITH and CARLOS ALLEN SMITH shall have the right to possession of the children as follows: is Christmas Holidays in Even-Numbered Years—In even-numbered years, CARLOS ALLEN SMITH shall have the right to possession of the children beginning at 6:00 p.m. on the day the children are dismissed from school and ending at noon on December 28, and TAMISIKA K. SMITH shall have the right to possession of the children beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. 2. Christmas Holidays in Odd-Numbered Years—In odd-numbered years, TAMISIKA K. SMITH shall have the right to possession of the children beginning at 96:00 p.m. on the day the children are dismissed from school and ending at noon on December 28, and CARLOS ALLEN SMITH shall have the right to possession of the children beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation. 3. Christmas Day Visitation - IT IS ORDERED that the non-possessory parent will have access to all three children on Christmas Day in each year from 6:00 p.m. to 8:00 p.m. with pickup and drop off at the place specified in this order. 4 Thanksgiving in Odd-Numbered Years—In odd-numbered years, CARLOS ALLEN SMITH shall have the right to possession of the children beginning at 6:00 p.m. on the day the children are dismissed from school and ending at 6:00 p.m. on the Sunday following Thanksgiving. 5. Thanksgiving in Even-Numbered Years—In even-numbered years, TAMISIKA K. SMITH shall have the right to possession of the children beginning at 6:00 p.m. on the day the children are dismissed from school and ending at 6:00 p.m. on the Sunday following Thanksgiving. 6. — Child’s Birthday—If a conservator is not otherwise entitled under this Modified Possession Order to present possession of a child on the child’s birthday, that conservator shall have possession of the child and the child’s minor siblings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that conservator picks up the children from the other conservator’s residence and returns the children to that same place. 7s Father’s Day—Father shall have the right to possession of the children each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and ending at 8:00 a.m. on the Monday after Father’s Day, provided that if Father is not otherwise entitled under this Modified Possession Order to present possession of the children, he 10shall pick up the children from the other conservator's residence and return the children to that same place. 8. Mother’s Day—Mother shall have the right to possession of the children each year, beginning at the time the children’s school is regularly dismissed on the Friday preceding Mother’s Day and ending at the time the children’s schoo) resumes after Mother's Day, provided that if Mother is not otherwise entitled under this Modified Possession Order to present possession of the children, she shall pick up the children from the other conservator’s residence and return the children to that same place. f. irst Right of R I It is ORDERED and agreed that CARLOS ALLEN SMITH and TAMISIKA SMITH shall each exercise a right of first refusal if either party during his or her period of possession of the children is away from the children overnight from 10:00 pm until 8:00 am, the non-possessory party shall be notified at least three hours in advance and given the option to pick up and return the children from the other conservator's residence during that period of absence, g. Undesignated Periods of Possession TAMISIKA K. SMITH shall have the right of possession of the children at all other times not specifically designated in this Modified Possession Order for CARLOS ALLEN SMITH. h. General Terms and Conditions Except as otherwise expressly provided in this Modified Possession Order, the terms and conditions of possession of the children that apply regardless of the distance between the residence of a parent and the children are as follows: 1. Surrender of Children by TAMISIKA K. SMITH — TAMISIKA K. SMITH is ORDERED to surrender the children to CARLOS ALLEN SMITH at the beginning of lleach period of CARLOS ALLEN SMITH’s possession at the residence of CARLOS ALLEN SMITH beingiinnne If CARLOS ALLEN SMITH changes residence then the CVS, located at 90120 Hwy 6 Missouri City, Texas 77459 previously designated shall be the pickup and drop off point. 2. Surrender of Children by CARLOS ALLEN SMITH— CARLOS ALLEN SMITH is ORDERED to surrender the children to TAMISIKA K. SMITH at the residence of CARLOS ALLEN SMITH bein Y | If CARLOS ALLEN SMITH changes residence then the CVS, located at 90120 Hwy 6 Missouri City, Texas 77459 previously designated shall be the pickup and drop off point. 3. Return of Children by CARLOS ALLEN SMITH— CARLOS ALLEN SMITH is ORDERED to return the children at the end of each period of possession at the place designated in this Order. 4. Return of Children by TAMISIKA K. SMITH — TAMISIKA K. SMITH is ORDERED to return the children to CARLOS ALLEN SMITH, if CARLOS ALLEN SMITH is entitled to possession of the children, at the end of each of TAMISIKA K. SMITH’S exclusive periods of possession, at the place designated in this Order. 5. Personal Effects—Each conservator is ORDERED to return with the children the personal effects that the children 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 children, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the children are picked up or returned. 12a Inability to Exercise Possession—Each conservator is ORDERED to give notice to the person in possession of the children 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 specifically Our Family Wizard, 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 TAMISIKA K. SMITH If CARLOS ALLEN SMITH’s time of possession of the children ends at the time school resumes and for any reason the children are not or will not be returned to school, CARLOS ALLEN SMITH shall immediately notify the school and TAMISIKA K. SMITH that the children will not be or has not been returned to school. This concludes the Modified Possession Order. 10. Other provisions related to the children ds The parties shall use “Our Family Wizard” for all medical bill notifications/communications. Additionally, both parties agree to split the annual costs of the Our Family Wizard program until the youngest child reaches the age of 18 years. 2. CARLOS ALLEN SMITH shall pay all outstanding medical bills including related to speech therapy for which receipts, statements of EOB’s are provided by TAMISIKIA SMITH. All therapy inclusive of speech therapy, physical therapy and psychological therapy is confirmed/considered a covered medical expense going forward. 13u. Orders for a: IT IS ORDERED that Effective July 1, 2018, CARLOS ALLEN SMITH will have the house located ii i transferred back from William Goldsmith and deeded back into CARLOS ALLEN SMITH’s name. CARLOS ALLEN SMITH shall list the house at for sale with HAR.com and with a realtor with other listings in the area of 2 Aliano, Missouri City, Texas with and asking price within the current market rate. As per prior modification, the home is not to be leased/rented or resided in by CARLOS ALLEN SMITH. CARLOS ALLEN SMITH will continue to market the residence ay in order to get the residence sold as soon as possible. 12. Passports IT IS ORDERED that pursuant to the provision of the Texas Family Law Manual, TAMISIKIA SMITH is to have possession of the children’s passports. CARLOS ALLEN SMITH is to provide a 30-day written notice for passports to TAMIKIKA SMITH. After receipt of written notice, TAMISIKIA SMITH is to provide the requested passports no later than 5 days of planned travel. CARLOS ALLEN Smith is to return the passports no later than 5 days of returning from international travel. TAMISIKIA SMITH is to have the exclusive right to renew passports for the children. All provisions in the prior Agreed Order of Modification dated May 17, 2017 and in the Decree of Divorce dated July 25, 2016 remain in effect, unless specifically changed in this order. 1411. Date of. Judgment SIGNED ON 2018. JUDGE PRESIDIAG 1sAPPROVED AS TO FORM ONLY: Sherry B. Angelo 1106 Vista Creek Drive Sugar Land, Texas 77478 Tel: (281) 313-2767 Fax: (713) 234-7370 Sherry9280@aol, Attorney for Petitioner State Bar No. 01259575 Yasmin Kutty Kutty Law Firm PLLC 4660 Sweetwater Blvd., Suite 185 Sugar Land, Texas 77479 Tel: (713) 568 - 5404 Fax: (713) 583-6709 ykiutty@kuttylawfirm.com Petitioner, TAMISIKA K. SMITH ae Respondent, CARLOS ALLEN SMITH