Age Appropriate Custody Schedule: Considerations for Parents

When crafting a custody schedule post-divorce, it’s essential to consider various factors, including the age of your child. For instance, a very young child may not be ready for overnight visits with the non-custodial parent, as they may feel uncomfortable sleeping in an unfamiliar environment. Conversely, an older child may benefit from a more flexible custody arrangement that grants them autonomy over their week-to-week schedule. This age appropriate approach ensures that the custody schedule aligns with the child’s developmental stage and needs.

I think we should first look at what a custody arrangement is in Texas and how issues related to custody may be determined in your divorce. Keep in mind that every divorce and child custody case is unique, and what we talk about in this blog post may not specifically apply to your circumstances. However, I believe that much of what we discussed today will apply to you and your family, no matter the ages of your children. For questions about any topic not touched on in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan.

What does custody mean in the context of a Texas family law case?

I often feel the need to clarify what a term means in the context of one of our blog posts. I do this because it may be that the terminology or subject matter that I would like to provide information about on this blog is either relatively obscure or difficult to understand if he does not have a great deal of experience in the world of Texas family law. On the other hand, I don’t think anyone here is unfamiliar with the term custody. Most everyone has a basic understanding of what custody is in that it relates to family law primarily.

Custody takes into consideration issues related to conservatorship, Visitation, possession, and access. It is a catchall term used to describe several different concepts in family law. Since it is tedious to mention multiple areas of family law, we have just sort of combined each of these topics into one and called it custody. While many parents concern themselves primarily with possession and visitation with their children, conservatorship rights are also essential to note.

Conservatorship issues in a Texas divorce

When you are a conservator over another person, you have the right to make decisions on behalf of that person in the duty to care for that person and look out for their best interests. Sometimes you will meet people who are conservators over an elderly or impaired relative who cannot take care of themselves on their own. In that case, an adult who can better care for their best interests may seek a court order naming him or herself as the conservator of that dependent relative.

In the context of a Texas family law case, conservatorship refers to rights and duties that a parent has with their children. Parents must provide the necessities of life for their children, such as shelter, clothing, a primary education, food, and things of that nature. Above and beyond all these things, a parent also has to love their children and emotionally support their kids.

Parents have the authority to make decisions for their children until they reach the age of majority, as children lack the experience and maturity to make these decisions themselves. This responsibility often pertains to educational and medical matters within the realm of family law cases. After a divorce, the allocation of these rights and duties between parents becomes necessary.

While some are jointly shared, others may be held independently, and occasionally, one parent may have exclusive decision-making authority on specific issues. It’s crucial to collaborate closely with your family law attorney to determine the appropriate allocation of these responsibilities based on your unique circumstances. Despite its often overlooked nature, this aspect of divorce is just as vital as arranging custody schedules.

Visitation, possession, and access issues in a Texas divorce

When discussing limitations, possession, and access issues in divorce, the central theme revolves around time—specifically, the time spent with your children. This aspect becomes a primary focus as the divorce process unfolds, transitioning from something often taken for granted to a key concern for many parents. Most Texas divorces result in shared time with children through a joint managing conservatorship, where one parent becomes the primary conservator, residing with the children, while the other parent has visitation rights. The primary conservator determines the children’s primary residence, while the other parent follows a set visitation schedule throughout the year.

The typical visitation schedule for the non-primary parent is known as a standard possession order (SPO), which outlines custody arrangements comprehensively. Under this arrangement, the non-primary parent typically gets the first, third, and fifth weekends of each month for visitation, alongside other stipulated periods such as holidays and summer vacations as detailed in the final divorce decree. Concerns often arise from non-primary parents about perceived inequities in time allocation, but it’s important to note that while a standard possession order may not result in an entirely equal split of time, it often distributes time more evenly than anticipated.

With a standard possession order, holidays are evenly divided, summer vacations offer extended periods for visitation, and more weekends during the school year are available. Although your ex-spouse has custody during the week, it’s important to note that your children’s time at home during weekdays is limited. Overall, a standard possession order provides ample opportunity to spend quality time with your children and foster a strong relationship with them.

Now that we have talked about the basics of conservatorships, Visitation, and possession in Texas, we can now get down to the subject matter of today’s blog post. The age of your children can make a difference in how custody is divided between you and your ex-spouse. That doesn’t mean that the custody arrangements will also need to change for each new age your child turns over a given year. However, depending on the stage in your child’s development, they may need more time with one parent depending on their circumstances.

Understanding child visitation based on age

For infants and toddlers, the primary caregiver, usually the mother, needs to remain close to the child due to their reliance on her for food until they transition to solid foods, making a full visitation schedule challenging for a three-year-old or younger child with their non-primary parent. As such, if you are a non-primary parent, your opportunities to visit with your child may be more limited in terms of the duration of each visit. You and your spouse should negotiate with this in mind during your divorce to give you time with your child but still allow them to be near their food source and mother.

As children progress from four years old until they start driving, the division of Visitation time becomes more influenced by your circumstances rather than the child’s age. School-aged children usually adapt well to changes in Visitation and traveling between homes to spend time with each parent. Consequently, once children reach school age, their age does not significantly impact custody arrangements.

However, I will note that once your child reaches 12 or 13 years old, they can speak to your family court judge about their preferences as far as Visitation is concerned. That doesn’t mean that the judge will have to determine custody based on your child’s preferences. Still, a judge will be more interested in learning what a teenage child believes in control than a child in elementary school.

Navigating custody as your child grows

Finally, suppose your child is old enough to drive. In that case, they likely have extracurricular activities, obligations of other sorts, and even work to be concerned with how custody is determined. This means that the orders contained in your final decree of divorce will act more so as suggestions or guideposts rather than strict rules. The reason for this is that your child can transport him or herself from home to home and that their schedule may change at a moment’s notice. Indeed, the child custody plan in your final divorce decree often undergoes multiple changes as your children transition into their teenage years.

However, this does not mean that you and your ex-spouse will have to go back to family court to have a judge modify your orders formally. If you and your ex-spouse can work together and coordinate changes as they need to arise, then you all can avoid costly and drawn-out court battles over this subject. It’s essential to remember that divorce doesn’t mark the end of your collaboration with your ex-spouse. Co-parenting your children is a continuous process that begins once your divorce is finalized.

Conclusion

Creating an age appropriate custody schedule is paramount when navigating post-divorce arrangements. By considering the developmental stage and needs of the child, parents can establish a custody plan that fosters stability and supports the child’s well-being. Whether it involves gradually introducing overnight visits for younger children or providing older children with flexibility and autonomy, tailoring the custody schedule to fit the child’s age ensures a smoother transition and promotes healthy parent-child relationships. It’s essential for parents to prioritize the child’s best interests and work collaboratively to develop a custody arrangement that meets their evolving needs as they grow.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

if you have any questions about the material contained in today’s blog post; please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. I appreciate your interest in today’s blog post, and we hope you will join us again tomorrow as we share unique content about the world of Texas family law.

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The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Houston , TX, child custody lawyers right away to protect your rights.

Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (713) 538-2234 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles child custody cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

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Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.

Can the Age of a Child Impact a Custody Arrangement?

What does custody mean in the context of a Texas family law case?

Conservatorship issues in a Texas divorce